Versions of s. 67

S-26 — Supreme Court Act · 2 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

2019-12-18 to present available View Source

Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from.

Full text

Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from.
2002-12-31 to present View Source

Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from.