Gardner v. Brown

Gardner, assignee of Lewis, publisher of the Washington Conservator, sued Drown, the sheriff of Daviess oounty, on an account of- 16 dollars for advertising -three sheriff’s sales.

The sales were advertised without any special eontraet with the sheriff. The fee for advertising was taxed in the costs, but had not yet been collected.

The Court below found for the defendant-. The statute fixing costs, &c., is defective in not providing a fee for notices by publication. At least, wfe have not found any such provision.

But the code does provide, (1 G. & H. p. 338,) for the taxation -of costs by the…