31-2218. ELISOR, WHEN APPOINTED. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases:
1. When the sheriff and coroner are both parties.
2. When either of these officers is a party and the process is against the other; and,
3. When either of these officers is a party and there is a vacancy in the office of the other, or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause would not act promptly or impartially.
When the process is delivered to an elisor he must execute and return it in the same manner as the sheriff is required to execute similar process.
History:
[(31-2218) 1863, p. 475, secs. 57, 58; R.S., sec. 1887; reen. R.C. & C.L., sec. 2040; C.S., sec. 3612; I.C.A., sec. 30-1718; am. 1989, ch. 14, sec. 4, p. 16.]