Edgerly v. Hale
Supreme Court of New Hampshire
Assumpsit, for fees. The defendant filed a plea in recoupment, and a set-off for sums paid the plaintiff in excess of legal fees, during the period between October, 1893, and September, 1897-Facts found by a referee, and case transferred from the April term,. 1901, of the superior court by Peaslee, J. The plaintiff was. sheriff of the county and served writs for the defendant, who is. an attorney-at-law.
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Assumpsit, for fees. The defendant filed a plea in recoupment, and a set-off for sums paid the plaintiff in excess of legal fees, during the period between October, 1893, and September, 1897-Facts found by a referee, and case transferred from the April term,. 1901, of the superior court by Peaslee, J. The plaintiff was. sheriff of the county and served writs for the defendant, who is. an attorney-at-law. Among the plaintiff’s charges are the following: For service of police and supreme court writs upon the defendants in actions, and if trustee writs, upon the trustees,— upon each, fifty…
1Opinion of the CourtChase, J.
1. The fees allowed by the referee for the service of writs upon defendants and for copies were in accordance with the statute. P. S., e. 287, ss. 16, 26. In making service of writs and other process, the officer is required to make use of attested copies. P. S., c. 219, s. 2; Ib., c. 220, s. 3. It is implied that he shall make the attestation himself, and such has been the uniform practice. He is a certifying officer -within the meaning of section 26, chapter 287, of the Public Statutes, and is entitled to charge the fees thereby prescribed. McGlure v. Locke, 61 N. H. 14; Laws, ed. 1815, p.…
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