Adams v. Hopkins
New York Supreme Court
THE plaintiff, as sheriff, claimed his poundage on a ca. sa. issued in favour of Edward Durant and Joseph Roberts, against Barzilla Worth. The plaintiffs in that executi°n were non-residents j and the present defendanf Was their attorney. Worth was arrested oii the ca. sa. , and detained in custody, until discharged under the act ^ tjle relief of debtors, with respect to the imprisonment of their persons.
Read the full summary
THE plaintiff, as sheriff, claimed his poundage on a ca. sa. issued in favour of Edward Durant and Joseph Roberts, against Barzilla Worth. The plaintiffs in that executi°n were non-residents j and the present defendanf Was their attorney. Worth was arrested oii the ca. sa. , and detained in custody, until discharged under the act ^ tjle relief of debtors, with respect to the imprisonment of their persons. Two questions were raised for the consideration of the court; 1. Whether the sheriff was entitled to pound? age; and, 2. If he is, whether he can call on the'present defendant for payment.
1Opinion of the CourtThompson, J.
The common law gave no fees to the sheriff, which occasioned great delay and backwardness in the discharge of their duty, unless prompted thereto by great rewards. (Latch. 17. 13 Vin. Abr. 144.) This was the reason of the statutes giving and defining their fees. In England several statutes have been passed on this subject. By that of the 29th of Eliz. c. 4. which is entitled, “ An act to prevent extortion in sheriffs in cases of execution,” it is declared, that it shall not be lawful for any sheriff, by reason of his office, to take of any person for serving an execution upon the body or…
2Cited by27 opinions
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
- Judson v. . GrayNew York Court of Appeals · 1854
- Geib v. . ToppingNew York Court of Appeals · 1880
- Peck v. City National Bank of Grand RapidsMichigan Supreme Court · 1883
- Heath v. BatesSupreme Court of Connecticut · 1881
22 more not listed; retrieve them via the Exa API.