Morrow v. Rosenstihl Bros.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe . The facts of the case are sufficiently stated in the opinion. — 1. When an attachment is levied by the sheriff on personal property, which is replevied, or the cause is settled without a sale, he is entitled to one-half the commissions upon the amount of the demand sued for, allowed him for making money on execution, to be paid by the party paying such demand, or replevying such property, &c. —…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe . The facts of the case are sufficiently stated in the opinion. — 1. When an attachment is levied by the sheriff on personal property, which is replevied, or the cause is settled without a sale, he is entitled to one-half the commissions upon the amount of the demand sued for, allowed him for making money on execution, to be paid by the party paying such demand, or replevying such property, &c. — Code, § 3687 ; U. S. Rolling Stock Co. v. Clark & Co., 95 Ala. 322. 2. The sheriff’s right to commissions accrues “on…
1Opinion of the CourtHaralson, J.
— It is provided by statute in this State, that the law of fees and costs must be held to be penal, and no fee must be demanded or received except in cases expressly authorized by law. — Code, § 3665. Statutes giving fees and costs are not to be construed beyond their letter, but strictly, for the reason, as has been declared, that such statutory allowances are in the nature of a penalty. — Dawson v. Matthews, 105 Ala. 485 ; Tillman v. Wood, 58 Ala. 578.
It is to be admitted, then, that unless the appellant *200brings himself within the letter of the statutes on the subject of allowances of fees…
2Cases cited4 opinions
- Tillman v. WoodSupreme Court of Alabama · 1877
- Barron v. TartSupreme Court of Alabama · 1851
- Dawson v. MatthewsSupreme Court of Alabama · 1894
- U. S. Rolling Stock Co. v. Clark & Co.Supreme Court of Alabama · 1891
3Cited by1 opinion
- Hawley Fuel Corp. v. Burgess Mining & Construction Corp.Supreme Court of Alabama · 1973