Hussey Whelan v. Dempsey Oil

Appellant sued the appellee on a claim for $692.70 and at the same time secured an attachment which was to be levied on some machinery. In taxing his costs the sheriff charged $894 for care of property for 149 days. The appellant filed a motion to retax this item of the- costs, claiming that it was excessive. After hearing the evidence, the court allowed the sheriff $4 a day for 119 days, aggregating $476. In this appeal appellant .insists that that allowance is also excessive.

The statute (Vernon’s Sayles’ Ann. Civ. St. 1914, art. 3864) fixes no fees for the care of property by sheriffs, but…