Geil v. Stevens
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Thomas Watson was Sheriff of Monterey County. The defendant Stevens procured ¿a writ of attachment against the property of one Billings, which was placed in the hands of Watson, as Sheriff, on the 3d day of December, 1869. He attached horses and mules, and charged keeper’s fees, and the expenses of feeding the animals in a stable.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Thomas Watson was Sheriff of Monterey County. The defendant Stevens procured ¿a writ of attachment against the property of one Billings, which was placed in the hands of Watson, as Sheriff, on the 3d day of December, 1869. He attached horses and mules, and charged keeper’s fees, and the expenses of feeding the animals in a stable. His bill for these services was assigned to the plaintiff, who brought this action to recover the same. No certificate was procured from the Court that the charges were…
1Opinion of the Court
By the Court :
By the statute (Sec. 2,803 Hitt. Gen. Laws) the Sheriff is allowed certain designated fees, and he is also allowed “such further compensation for his trouble and expense in taking possession of property under an attachment or execution, or other process, and preserving the same as the Court from which the writ or order may issue shall certify to be just and reasonable.” We think that in the absence of the required certificate, the Sheriff is entitled to nothing more than the fees enumerated in the statute, and cannot legally claim the “further compensation” sought to be…
2Cited by6 opinions
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- First National Bank of Stevens Point v. KickbuschWisconsin Supreme Court · 1890
- Lane v. McElhanyCalifornia Supreme Court · 1874
- Nash v. MuldoonNevada Supreme Court · 1882
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