Farmers Union Milling & Elevator Co. v. Smith

Action by the sheriff Smith to recover of the defendant elevator company, along with other items, what he paid to the custodian of the chattel property which he seized under defendant’s writ of attachment. There was a judgment for plaintiff in the sum of $1,385.72 which included the custodian’s fees. The elevator company is here with its writ to review that judgment.

The part of the judgment objected to is the compensation for the custodian. The principal question for decision is whether under the evidence there can be any recovery at all for this item. Section 7882, C. L. 1921 provides: “No…