Legal Opinion
Personeni v. Aquino
New York Court of Appeals
Decided May 21, 1959PublishedCited by 19 opinions
1Opinion of the CourtDye, J.
In this appeal, by permission, we deal with the right of a Sheriff to collect or receive poundage fees on a duly levied execution for debt on which no collection had been made, because the execution had been rendered null and void by operation of law. In this instance it was due to the circumstance that the judgment creditor failed to take action to collect the debt within 120 days, or to obtain an order extending the time to do so as required by subdivision 7 of section 687-a of the Civil Practice Act.
The right of a Sheriff to collect and receive poundage is wholly statutory (Civ. Prac. Act,…
2Cases cited2 opinions
- Campbell v. . CothranNew York Court of Appeals · 1874
- Flack v. . the State of New YorkNew York Court of Appeals · 1884
3Cited by19 opinions
- Elizabeth K. Knapp v. Walter P. McFarland Defendant-Appellee-Appellant, Sheriff of the City of New York, Appellant-AppelleeCourt of Appeals for the Second Circuit · 1972
- International Broth. of Elec. Workers v. GillenNew Jersey Superior Court Appellate Division · 1980
- Solow Management Corp. v. TangerNew York Court of Appeals · 2008
- Famous Pizza, Ltd. v. Metss Kosher Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Corigliano v. Catla Construction Co.District Court, S.D. New York · 1964
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