SHERMAN v. UPTON, INC.

No. 11707.

242 N.W.2d 666 (1976)

Stan SHERMAN, d/b/a Sherman Produce Co., Plaintiff and Appellant, v. UPTON, INC, a corporation, Defendant, In re Graydon P. Bakke, Sheriff of Day County, South Dakota, and Michael Breske, Deputy Sheriff of Day County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied July 1, 1976.


Attorney(s) appearing for the Case

Vincent J. Protsch, Mumford, Protsch, Sage & Pardy, Howard, Steven A. Carter, Carter & Blair, Sioux City, Iowa, for plaintiff and appellant.

Leon J. Vander Linden, Holland, Delaney & Vander Linden, Webster, for defendants and respondents.


WINANS, Justice.

This is an action to amerce the Day County Sheriff and his deputy for failure to levy against property after receipt of a writ of execution delivered to the deputy. The trial court found in favor of the defendants and we affirm.

An amercement is a money penalty in the nature of a fine imposed upon an officer for some misconduct or neglect of duty. It is a statutory proceeding and must be strictly construed. Stein v. Scanlan, 1912, 34...

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