Crofut v. . Brandt
New York Court of Appeals
Appeal by Matthew T. Brennan, sheriff of the city and county of Yew York, from an order of the General Term of the Yew York Common Pleas, affirming an order of Special Term taxing sheriff’s fees and disbursements upon execution. This action was commenced in the Marine Court of the city of New York.
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Appeal by Matthew T. Brennan, sheriff of the city and county of Yew York, from an order of the General Term of the Yew York Common Pleas, affirming an order of Special Term taxing sheriff’s fees and disbursements upon execution. This action was commenced in the Marine Court of the city of New York. Plaintiffs recovered a judgment, a transcript of which was filed in the office of the county clerk, judgment there docketed and an execution thereon issued to said sheriff, who, by virtue thereof, levied upon certain goods of defendant. The amount directed to be collected was $989.31, with…
1Opinion of the CourtFolger, J.
Though this case has been elaborately considered in the three opinions delivered in the courts below, it is important enough to merit discussion here.
The appellant claims that his needful expenses in executing the process of the court, as its ministerial officer, should be reimbursed to him; that it is a principle as old as the relation of master and servant. There is not a close analogy between, the relation of a sheriff to the public, and still less betwéenthat of a sheriff to an execution debtor, and that of a servant to his master. A master selects his own servant, and sets him about his…
2Cases cited11 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- White v. . MadisonNew York Court of Appeals · 1862
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Browning v. HanfordCourt for the Trial of Impeachments and Correction of Errors · 1846
- People ex rel. Hilton v. Supervisors of AlbanyNew York Supreme Court · 1834
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3Cited by30 opinions
- Carpenter v. . TaylorNew York Court of Appeals · 1900
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- Ide v. FinnAppellate Division of the Supreme Court of the State of New York · 1921
- C. B. Rogers & Co. v. SimmonsMassachusetts Supreme Judicial Court · 1892
- Fletcher v. AldrichMichigan Supreme Court · 1890
25 more not listed; retrieve them via the Exa API.