This case has been cited 1 times or more.
|
2008-03-14 |
AUSTRIA-MARTINEZ, J. |
||||
| While there is no question that sheriffs must act with considerable dispatch in executing judgments,[11] it is equally true, however, that in the enforcement of judgments and writs, sheriffs must know what is inherently right and wrong and must act with prudence and caution. They are called to exercise due care and reasonable skill in the performance of their duties.[12] They cannot just demolish any house within the property of the victorious plaintiff, even if the writ of demolition contains the phrase "and any and all persons claiming rights under them" following the names of the defendants to a case. Evidence must be presented to establish that persons whose properties are to be demolished but whose names do not appear in the complaint derived their rights from defendants impleaded therein.[13] If there is objection to the demolition of structures being claimed by persons not parties to the case, the appropriate course of action for the sheriff is to inform the judge of the situation by way of a partial sheriff's return and wait for instructions on the proper procedure to be observed.[14] | |||||