US Laws, Codes, Statutes & Cases

     508.77 Parties defendant; judgment; execution. 

    If such action is brought to recover any loss or damage 
 occasioned solely by the registration of such land, or solely by 
 the registration of any other person as the owner thereof, or if 
 such action be brought for the recovery of any loss or damage 
 occasioned solely by the omission, mistake or misfeasance of the 
 registrar or the registrar's deputy, or of any examiner or of 
 any court administrator, or a deputy of the court administrator 
 or examiner, in the performance of their respective duties, the 
 commissioner of finance, in the commissioner's official 
 capacity, shall be the sole defendant.  If such action be 
 brought to recover for any loss or damage occasioned either 
 wholly, or in part, by the fraud or wrongful act of some person 
 other than the officers herein named, or to recover for any loss 
 or damage caused jointly by the fraud or wrongful act, and by 
 the omission, mistake or misfeasance of the officers above 
 named, or any of them, and of some other person, the 
 commissioner of finance, in the commissioner's official 
 capacity, and such other person shall be joined as defendants 
 therein.  In any action where there are defendants other than 
 the commissioner of finance, no execution shall issue against 
 such commissioner of finance until execution against all other 
 defendants against whom judgment has been recovered has been 
 returned unsatisfied, either in whole or in part.  An officer 
 returning such execution shall certify thereon that the amount 
 still due upon the execution cannot be collected from them.  
 Thereupon the court, being satisfied as to the truth of the 
 return, shall order the commissioner of finance to pay the 
 amount due upon such execution out of the general fund.  The 
 attorney general or, at the request of either the attorney 
 general or the board of county commissioners of the county in 
 which the land or a major part of it lies, the county attorney 
 of that county shall defend the commissioner of finance in all 
 such actions. 

    HIST: (8323) RL s 3445; 1905 c 305 s 75; 1980 c 543 s 5; 1986 
 c 444; 1Sp1986 c 3 art 1 s 82; 1Sp1989 c 1 art 11 s 6; 2003 c 
 112 art 2 s 50 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.