Kitchen v. Woodfin
U.S. Circuit Court for the District of Western North Carolina
The plaintiffs [Nathan Kitchen & Co.] recovered judgment for the sum of $12,510.43 and costs. After the execution was Issued to the marshal, the defendants [N. W. Woodfin and R. W. Palliam] filed with the clerk receipts from the plaintiffs amounting to $7050, which were entered as credit on the execution docket. While the execution was in the hands of the marshal, the defendants paid the attorney of the plaintiffs $3800, and took receipts for said payments.
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The plaintiffs [Nathan Kitchen & Co.] recovered judgment for the sum of $12,510.43 and costs. After the execution was Issued to the marshal, the defendants [N. W. Woodfin and R. W. Palliam] filed with the clerk receipts from the plaintiffs amounting to $7050, which were entered as credit on the execution docket. While the execution was in the hands of the marshal, the defendants paid the attorney of the plaintiffs $3800, and took receipts for said payments. The marshal received these receipts in part satisfaction of the execution, and collected the balance due in cash, and made return of said…
1Opinion of the Court
DICK, District Judge.
During the last term of the circuit court, at Asheville. I was called on to decide as to the commissions to which the marshal was entitled. 1 am now called upon by a case argued to determine the compensation of the clerk for receiving, keeping. and paying out the money collected. A similar question arose in the case in equity, Clews v. Railroad Co. [unreported], but it became unnecessary for me to decide the same, *694as the parties agreed with the clerk upon a satisfactory compensation. As questions of this character may frequently arise in the courts of this district, I…
2Cases cited2 opinions
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873
- Willard v. . SatchwellSupreme Court of North Carolina · 1874