Burnham v. President of the Savings Bank
Superior Court of New Hampshire
Assumpsit for services performed by the plaintiff, as a deputy sheriff, for the defendants. The cause was tried here, at August term, 1830, upon the general issue.
Read the full summary
Assumpsit for services performed by the plaintiff, as a deputy sheriff, for the defendants. The cause was tried here, at August term, 1830, upon the general issue. The plaintiff gave in evidence to the jury, the- copy of a writ in the name of “ the savings bankfor the county of Strafford,” against D. W, Cawley and L. Sanborn, with a copy of his own return upon the same, that he had attached a farm of Sanborn, and a hat of the value of ten cents, belonging to Cawley, and of his fees endorsed upon the writ as follows : Two services, $0,48 Travel, ,21 Attaching, ,50 Copy, 1,00 Travel to town…
1Opinion of the CourtRichardson, C. J.
It is contended that there ought to be a new trial in this case, because the jury were misdirected in relation to the fees, which the plaintiff had a right to demand.
We entertain no doubt, that, when an officer arrests the body of a debtor, and commits him to' prison, he is entitled to poundage, as well as to fees for travel. 4 Mass. Rep. 411, Boswell v. Dingley; 13 Johns. Rep. 378, Scott v. Shaw.
And these fees are to be considered as the only fees he has a right to demand in such a case, for his own responsibility, time and services. But we are of opinion, that if, in the discharge of this…
2Cases cited6 opinions
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Briggs v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Boswell v. DingleyMassachusetts Supreme Judicial Court · 1808
- Eastman v. Coos BankSuperior Court of New Hampshire · 1817
- Smith v. BirdsallNew York Supreme Court · 1812
1 more not listed; retrieve them via the Exa API.