Bowe v. Campbell
New York Supreme Court
Demurrer to complaint. The defendant, who is an attorney and counselor-at-law,. appeared and acted for Hovey & Dole, in an action in the superior court of the city of New York, against one MacDonald.
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Demurrer to complaint. The defendant, who is an attorney and counselor-at-law,. appeared and acted for Hovey & Dole, in an action in the superior court of the city of New York, against one MacDonald. A judgment was recovered in the action against MacDonald, and the.defendant, acting as the attorney for the plaintiffs in the action, issued an execution against the person of the defendant to the plaintiff in this action, as the sheriff of the county of Mew York, by which the sheriff was commanded to arrest the said MacDonald, and commit him to the jail until he should pay the judgment or be…
1Opinion of the CourtVan Vorst, J.
It is contended by the counsel for the plaintiff, that by the arrest and commitment of MacDonald, the sheriff became at once entitled to his poundage upon the execution, and that the attorney who issued the same is personally liable therefor. And in support of this contention, reference is made to the early case of Adams agt. Hopkins (5 John, 252), which holds that the sheriff is entitled to poundage on a ca. sa., on serving the execution, and that he has a right to call on the attorney for such poundage, without resorting to the party.
The right in the sheriff to demand poundage in such case…
2Cases cited6 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Campbell v. . CothranNew York Court of Appeals · 1874
- Smith v. . KnappNew York Court of Appeals · 1864
- Simonton v. BarrellNew York Supreme Court · 1839
- Utica Insurance v. PowerNew York Court of Chancery · 1831
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