Duties of Sheriffs And Constables Particularly Under the Practice in California
Duties of Sheriffs And Constables Particularly Under the Practice in California
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399; Freeman on Executions, sec. 112; California. Code Civ. Proc, sees. 698-700. ) § 546. Judgment is payable in money only. A sheriff, under his general powers, cannot take any- thing but legal currency in satisfaction of an execu- tion, and where he takes a note, indorses it on the execution, and then returns it satisfied, the return is not conclusive, and perhaps not prima facie evidence of satisfaction, unless it shows somj authority for receiving the note. (Mitchell v. Hackett, 14 Cal. 661.... ) § 547. Application of proceeds — Conflicting at- tachments. When a sheriff receives money on exe- cution sale of property levied on by virtue of attach- ments, it is his duty to apply the money in the order of the attachments. Where there are several attach- ments and the officer receives notice that the senior attachment is defective he should make inquiry there- on and satisfy himself that he can safely pay the money upon such senior attachment. For if he pay over money upon a void writ, he will be responsible to the plaintiffs under the junior writs, notwithstand- ing the fact he may urge in excuse that the senior writ was regular upon its face.
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You can find similar books in the "Read Also" column, or choose other free books by W S William Sturtevant Harlow to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
399; Freeman on Executions, sec. 112; California. Code Civ. Proc, sees. 698-700. ) § 546. Judgment is payable in money only. A sheriff, under his general powers, cannot take any- thing but legal currency in satisfaction of an execu- tion, and where he takes a note, indorses it on the execution, and then returns it satisfied, the return is not conclusive, and perhaps not prima facie evidence of satisfaction, unless it shows somj authority for receiving the note. (Mitchell v. Hackett, 14 Cal. 661.... ) § 547. Application of proceeds — Conflicting at- tachments. When a sheriff receives money on exe- cution sale of property levied on by virtue of attach- ments, it is his duty to apply the money in the order of the attachments. Where there are several attach- ments and the officer receives notice that the senior attachment is defective he should make inquiry there- on and satisfy himself that he can safely pay the money upon such senior attachment. For if he pay over money upon a void writ, he will be responsible to the plaintiffs under the junior writs, notwithstand- ing the fact he may urge in excuse that the senior writ was regular upon its face.
What to read after Duties of Sheriffs And Constables Particularly Under the Practice in California?
You can find similar books in the "Read Also" column, or choose other free books by W S William Sturtevant Harlow to read onlineMoreLess
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