15-18-44. Neglect of duty by officer as contempt of court--Liability in damages--Amercement.
If an officer to whom any writ, warrant, or execution is delivered, willfully neglects or fails to perform the duties required thereby or under the provisions of this chapter, which he may have authority to perform, he may be punished by the court as for contempt and shall be liable in damages to any person injured by such neglect or failure, and may be amerced therefor or the same recovered by civil action, as the party injured may elect.
Source: SDC 1939 & Supp 1960, §33.1909.