513.350. Remedy of plaintiff against officer in certain cases. - Missouri Statutes

Remedy of plaintiff against officer in certain cases.

513.350. If any officer shall sell any property under anyexecution, whether he received payment therefor or not, or shallmake the money on any execution specified, or thereon endorsed ordirected to be levied, or any part thereof, and shall not havethe amount of such sales or the money so made before the court,and pay over the same according to law, he shall be liable to paythe whole amount of such sales or money by him made to the personentitled thereto, with lawful interest thereon, and damages inaddition thereto, at the rate of five percent per month, to becomputed from the time when the same be demanded by the partyentitled thereto, or his attorney or agent, after the executionis returnable, until the whole be paid, to be recovered by civilaction against such officer and his sureties on his officialbond, or by civil action against such officer; or the partyaggrieved may proceed against such officer and his sureties, bymotion in the court before which such writ is returnable, in asummary way, two days' previous notice being given of suchintended motion, and the court shall render judgment for theamount which ought to have been paid, with interest and damagesaforesaid, and award execution thereon forthwith. And it shallbe the duty of every officer to whom any execution shall bedelivered, issued upon any judgment recovered according to theprovisions of this section, to execute the same within fifteendays after it shall be delivered to him; and he shall be subjectto the like penalties and liabilities for any default therein ason other executions.

(RSMo 1939 § 1386)

Prior revisions: 1929 § 1222; 1919 § 1673; 1909 § 2242