Lane v. McElhany
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of Stanislaus. McElhany, the defendant, recovered a judgment in the County Court of Sonoma County, against Samuel Gates ei al., and on the 9th day of July, 1869, procured an execution directed to the Sheriff of Stanislaus county, and placed it in the hands of the plaintiff, who was such Sheriff.
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Appeal from the District Court, Fifth Judicial District, County of Stanislaus. McElhany, the defendant, recovered a judgment in the County Court of Sonoma County, against Samuel Gates ei al., and on the 9th day of July, 1869, procured an execution directed to the Sheriff of Stanislaus county, and placed it in the hands of the plaintiff, who was such Sheriff. The Sheriff levied on property, and March 9, 1870, brought this action to recover for his services, and the fees of a keeper. The complaint, after allegations that the plaintiff was Sheriff, and that the execution was issued and placed in…
1Opinion of the Court
By the Court, McKinstry, J.:
The general demurrer to the complaint was properly overruled. The Court below did not include in its judgment the six dollars paid to the County Clerk, and, as we shall see; the plaintiff was not entitled to recover the keeper’s fees. But the law fixes the sums which the Sheriff is authorized to charge for “levying execution,” “advertising” and “mileage,” so that it was not necessary to allege the value of those services. Nor was a demand a prerequisite to maintaining this action; the complaint alleges a special request by the defendant, and this is in effect an…
2Cases cited1 opinion
- Geil v. StevensCalifornia Supreme Court · 1874
3Cited by3 opinions
- First National Bank of Stevens Point v. KickbuschWisconsin Supreme Court · 1890
- Alexander v. WilsonCalifornia Supreme Court · 1904
- Allen v. McKay & Co.California Supreme Court · 1902