13-3-77 - Process may be executed by an officer out of his county.
§ 13-3-77. Process may be executed by an officer out of his county.
The sheriff or other proper officer of a county may execute process out of his county, in case the person to be served or property to be seized was in the officer's county when the writ was received, but had removed or been carried into another county before its execution. In such case the officer shall state the facts in his return, and the writ and return shall have the same effect as if the process had been returned not executed and a testatum or duplicate writ had been issued to and executed and returned by an officer of the county where served.
Sources: Codes, 1892, § 3500; 1906, § 3998; Hemingway's 1917, § 3005; 1930, § 3051; 1942, § 1939.