U. S. Rolling Stock Co. v. Clark & Co.

The attachment in this case was sued out for the sum of twelve thousand dollars. The amount really due to the plaintiff was less than four thousand two hundred dollars. That amount was paid by the defendant to the plaintiff before judgment. In taxing the costs, the sheriff was allowed commissions on twelve thousand dollars, and *323the Circuit Court refused to reduce tbis item, or to order tbe commissions to be taxed only on the amount really due and paid. The following is the provision fixing the sheriff’s commissions in such a case: “when an attachment is by him levied on personal property,…