19-25-51 - Liability of sheriff for failing to pay excess money to defendants.
§ 19-25-51. Liability of sheriff for failing to pay excess money to defendants.
When the amount of the sale of property under execution or attachment shall exceed the debt, damages, interest, and costs for which the execution issued, the sheriff or other officer properly authorized to act for him shall pay the surplus to the debtor or other person entitled to receive the same. If the sheriff or other officer fails or refuses to pay such surplus when required, to the person entitled thereto, he and his sureties shall be liable to the like penalty and judgment in favor of the person entitled to the surplus, as is authorized by law in favor of the plaintiff, against the sheriff and his sureties for not paying over money levied on an execution.
Sources: Codes, 1857, ch. 6, art 124; 1871, § 230; 1880, § 335; 1892, § 4123; 1906, § 4675; Hemingway's 1917, § 3092; 1930, § 3322; 1942, § 4247.