Swenson v. Christoferson

Citations

• 10 S.D. 188
• 72 N.W. 459
• 1897 S.D. LEXIS 39

Syllabus

<p>1. A claim of exemptions made by a judgment debtor by delivering a verified schedule of his property to the officer, who admits service thereon by copy, and returns the original to the debtor, retaining the copy, is a substantial compliance with Comp. Laws, Sec. 5160, requiring the debtor to deliver the schedule to the officer.</p> <p>2. In a proceeding to amerce a sheriff, under Comp. Laws, Sec. 5167, providing that a sheriff who fails to return an execution on or before the return day shall be amerced in the amount of the debt, damages, and costs, with 10 per cent, thereon, etc., it is a complete defense to show that the judgment debtor had no property liable to execution during the life of the writ, and hence that the failure to return the same' did not injure the judgment creditor.</p>