§ 25-327.Substitution; plaintiff in execution for sheriff or other officer.

Section 25-327 addresses a companion situation to the interpleader available under section 25-326. Here, a sheriff or other officer has been sued in an action where the plaintiff has already replevied property that the officer took under an execution — meaning the plaintiff has recovered possession of the property through a replevin action rather than merely claiming it. Instead of leaving the officer to defend that suit personally, the statute lets the officer and the party in whose favor the execution issued jointly apply to the court for substitution.

If the court grants the application, the party who obtained the execution takes the officer’s place as the defendant in the action, stepping into the litigation over the property the officer had seized on that party’s behalf. The substitution comes with one condition: security for the costs of the case has to be given. That protects the plaintiff, ensuring that swapping in a new defendant does not leave the plaintiff without recourse for costs if the case does not go the plaintiff’s way.

Like section 25-326, this section reflects a consistent policy running through this part of Chapter 25: an officer acting under lawful process should not have to shoulder personal liability for property disputes that really belong to the party the officer was serving. Substitution puts the real party in interest into the case directly.