23-1714. Sheriff; disqualification; duties; county clerk shall perform.

Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced, or about to be commenced, in said court, the clerk shall direct the original or other process in such suit to the county clerk who shall execute the same in like manner as the sheriff might or ought to have done, and if like objections shall be made to the county clerk by either party, the court shall appoint some suitable person to whom such objection does not apply.

Source:Laws 1881, c. 42, § 2, p. 222; R.S.1913, § 5684; Laws 1915, c. 101, § 1, p. 244; C.S.1922, § 5014; C.S.1929, § 26-1523; R.S.1943, § 23-1714.