Lyman v. Thorn
Wyoming Supreme Court
Error to District Court, Crook County; Hon. Carroll H. Parmelee, Judge- Action by John M. Thorn against William H. Lyman for the recovery of fees claimed by plaintiff to have been earned by him as sheriff in connection with the sale of property on execution. The facts are set forth in the opinion. The plaintiff is not entitled to the fees provided by Section 1214 of the Comp.
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Error to District Court, Crook County; Hon. Carroll H. Parmelee, Judge- Action by John M. Thorn against William H. Lyman for the recovery of fees claimed by plaintiff to have been earned by him as sheriff in connection with the sale of property on execution. The facts are set forth in the opinion. The plaintiff is not entitled to the fees provided by Section 1214 of the Comp. Stats., for the reason that no money was actually collected; the property was bid in by the judgment creditor and the purchase price was credited upon the execution and judgment; statutes relating to fees are strictly…
1Opinion of the Court
Potter, Chief Justice.
The agreed and only question to be determined in this case is whether the sheriff is entitled to the statutory fee or commission prescribed for collecting money on a sale of property on execution, where the property is purchased *328by the judgment creditor, and the amount of the bid or purchase price is credited on the execution and judgment without the payment of any money. The action was brought by John M. Thorn to recover such fee alleged to be due him as sheriff of 'Crook County upon a sale of certain real estate and personal property under an execution issued upon a…
2Cases cited11 opinions
- Kelly v. BarnetCalifornia Court of Appeal · 1914
- Sharvey v. Central Vermillion Iron Co.Supreme Court of Minnesota · 1894
- State ex rel. Thompson v. PrinceWashington Supreme Court · 1894
- Dawson v. . GrafflinSupreme Court of North Carolina · 1881
- Coleman v. RossOregon Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wyoming Central Irr. Co. v. LaPorteWyoming Supreme Court · 1920