513.340. Officers refusing to carry out execution liable for amount thereof. - Missouri Statutes

Officers refusing to carry out execution liable for amount thereof.

513.340. If any officer to whom any execution shall bedelivered shall refuse or neglect to execute or levy the sameaccording to law, or shall take in execution any property or anyproperty be delivered to him by any person against whom anexecution is issued, and he shall neglect or refuse to make saleof the property so taken or delivered, according to law, or shallmake a false return of such writ, then, in any of the casesaforesaid, such officer shall be liable and bound to pay thewhole amount of money in such writ specified, or thereon endorsedand directed to be levied; and if such officer shall not, on thereturn of such writ, or at the time the same ought to bereturned, have the money which he shall become liable to pay asaforesaid before the court, and pay the same according to theexigency of the writ, any person aggrieved thereby may have hisaction against such officer and his sureties upon his officialbond, or may have his remedy by civil action against such officerin default.

(RSMo 1939 § 1384)

Prior revisions: 1929 § 1220; 1919 § 1671; 1909 § 2240