§ 2005. Appraisal of goods taken on execution

179 words·~1 min read·/usc/title-28/section-2005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner.

The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law.

If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law.

(June 25, 1948, ch. 646, 62 Stat. 959.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 846 (R.S. § 993).

Words “shall be appraised in like manner” were substituted for “the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States”. The change precludes construction that the State appraisers only are available to appraise such goods in civil actions in the federal courts.

Changes were made in phraseology.

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June 25, 1948, ch. 646
62 Stat. 959

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§ 2005

Appraisal of goods taken on execution

ActJune 25, 1948, ch. 646

Stat.62 Stat. 959

Cites 2Cited by 0 across 0 sources