Greenfield v. Tripp

William R. Brennan, Jr., J.

Motion to vacate a garnishee execution granted upon the condition that the movant pay the poundage ($577.85) due the Sheriff.

After a levy under a garnishee execution was made (July 7, 1959), the debtor voluntarily paid the amount of the judgment to the creditor. The funds used in payment were in part borrowed from “ outside sources ” and the remainder from accumulated salary withheld by the debtor’s employer. The debtor agreed with the creditor to pay any poundage due the Sheriff.

The question is: Is the Sheriff entitled to poundage when he has not actually collected…