§ 25-3-111. Judgment Against Clerks
Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases: For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or […]
§ 25-3-112. Judgment Against Special Commissioner
A special commissioner appointed by the court to sell property or to receive and collect funds, is, in all cases, liable on motion, in the same way and to the same extent as the clerks of the courts. Code 1858, § 3610 (deriv. Acts 1851-1852, ch. 166, § 5); Shan., § 5375; Code 1932, § […]
§ 25-3-101. Motion by Plaintiff Against Executive Officer
Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer: fails to make due and proper return of such […]
§ 25-3-102. Motion by Defendant Against Executive Officer
Such officers are in like manner liable to the defendant in an execution, upon motion: For the failure to pay over, on demand, any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and all commissions and costs, the amount of such excess, with interest and damages; or For […]