Rialto Security Corp. v. Harrison

The plaintiff levied an execution against the salary of the defendant under which the sheriff was directed to collect five dollars a week. After thirty dollars had been collected the plaintiff notified the sheriff not to proceed further as the judgment had been settled. It appears that the settlement was for the full amount due or approximately that amount. The question now arises whether the sheriff is entitled, under the Civil Practice Act, section 1558, subdivision 7, to poundage on the full amount of the settlement or only on the amount collected. By the last sentence of the subdivision…