Printable Format19-820. Default as to writ or process; penalties. Whenever any sheriff shall neglect to make due return of any writ or process delivered to him to be executed, or shall be guilty of any default or misconduct in relation thereto, he shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal; such fine, however, not to exceed two hundred dollars; and also an action for damages to the party aggrieved.
History: G.S. 1868, ch. 25, ยง 114; October 31; R.S. 1923, 19-820.
CASE ANNOTATIONS
1. A warrant, regularly issued, returned "not found" becomes functus officio. In re Broadhead, 74 Kan. 401, 405, 86 P. 458.
2. Cited; new sheriff may execute writ delivered by his predecessor. Croner v. Keefer, 103 Kan. 204, 207, 173 P. 282.
3. Court-appointed process server is not an "officer" and not authorized to exercise the sheriff's duties. Steele v. City of Wichita, 250 Kan. 524, 535, 826 P.2d 1380 (1992).