Hildreth v. Ellice
New York Supreme Court
This was an action by the late sheriff of tne county of Montgomery, for fees due on a testatum fieri facias, at the suit of the defendant against one Calvin Young. *In July vacation, 1793, a testatum fieri facias [*193] issued in favor of the defendant against Calvin Young, directed and delivered to the plaintiff, as then sheriff of the county of Montgomery, and endorsed as follows:^ “Levy 7,500 dollars, with interest from the 24th of January, 1796, and 22 dollars and 59…
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This was an action by the late sheriff of tne county of Montgomery, for fees due on a testatum fieri facias, at the suit of the defendant against one Calvin Young. *In July vacation, 1793, a testatum fieri facias [*193] issued in favor of the defendant against Calvin Young, directed and delivered to the plaintiff, as then sheriff of the county of Montgomery, and endorsed as follows:^ “Levy 7,500 dollars, with interest from the 24th of January, 1796, and 22 dollars and 59 cents costs, besides your fees.” The writ was transmitted to the plaintiff in a letter from the attorney of the defendant,…
1Opinion of the Court
Thompson, J.,
delivered the decision of the court. We think the sheriff is entitled to his full poundage on the sum directed to be levied. The case of Alehin v. Wells, 5 Term Rep. 471, so far as it may be regarded as an authority here, is directly in point. The court there decided, that if a sheriff levy under a fi.fa. he is unquestionably entitled to his poundage, though the parties compromise before he sells any of the defendant’s goods. The stat. 29 Elia *261c. 4, under which *this decision was made, and [*194] our act correspond in every essential part, as to the plaintiff’s right to poundage. Our…
2Cited by13 opinions
- Campbell v. . CothranNew York Court of Appeals · 1874
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Parsons v. BowdoinNew York Supreme Court · 1837
- Peck v. City National Bank of Grand RapidsMichigan Supreme Court · 1883
- Preston v. BaconSupreme Court of Connecticut · 1823
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