McKeon v. . Horsfall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 11, 1881, which reversed an order of Special Term taxing the fees of Peter Bowe, sheriff, etc., upon four executions, including an.execution issued in the action above entitled, and retaxed said fees.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 11, 1881, which reversed an order of Special Term taxing the fees of Peter Bowe, sheriff, etc., upon four executions, including an.execution issued in the action above entitled, and retaxed said fees. The property seized was a stock of goods which were sold at auction by a public auctioneer, for a sufficient sum to pay the three executions first levied but were insufficient to pay plaintiffs in full, and the sheriff presented his bill for taxation. The items in dispute here were an…
1Opinion of the CourtDanforth, J.
The- statute contains no provision for “ keepers’ ” or C£ auctioneer’s” fees. If the sherifE is entitled to them, the right must he enforced by action, and the amount fixed in some other way than by taxation. It is well settled that this method of adjustment applies only to such allowances as are prescribed by law, and can have no application to items, the amount of which depends upon agreement. (Downing v. Marshall, 37 N. Y. 380; Crofut v. Brandt, 13 Abb. Pr. [N. S.] 128; affirmed, 58 N. Y. 106; Germam, Amer. Bk. v. Morris Run Goal Co., 68 id. 590.)
The respondent cites Murtagh v. Conner (15…
2Cases cited2 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Crofut v. . BrandtNew York Court of Appeals · 1874
3Cited by5 opinions
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- Wallis v. ShellyU.S. Circuit Court for the District of Southern New York · 1887
- Cramer v. OppensteinSupreme Court of Colorado · 1891
- McGonigle v. KranisAppellate Terms of the Supreme Court of New York · 1916
- Mallory v. ReichertNew York Supreme Court · 1884