Miller v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by Mitchell L. Erlanger, as sheriff of Hew York county, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 1st day of May, 1905, denying the appellant’s application to tax his fees upon an attachment theretofore issued in the action, and to direct the plaintiff or her attorney to pay the same.
1Dissent
Patterson, J. (dissenting in part)':
I am of the opinion that the sheriff is- entitled to poundage. That right, of course, depends entirely.upon statute, Campbell v. Cothran, 56 N. Y. 281.) The special statute relating to that subject applying only to the county of New York is subdivision 2 of . section 17 of chapter 523- of the Laws of 1890, as amended by chapter 418 of the Laws of 1892.."Wo had occasion ’to consider and construe that statute in the case of Plummer v. International Power Co. (88 App. Div. 452); It *315is provided therein, that the sheriff is entitled to poundage on an attachment…
2Cases cited1 opinion
- Plummer v. International Power Co.Appellate Division of the Supreme Court of the State of New York · 1903