Kincaid v. . Smyth
Supreme Court of North Carolina
Appeal from the Superior Court of Law- of Burke County, at the Fall Term, 1851, his Honor Judge Battle presiding.
1Opinion of the CourtNash, J.
By the 21st sec. of the act of 1836, ch. 105, it is enacted, that the Sheriff be allowed for all money collected by him by virtue of any levy, two and a half per cent., and the like commission for all money that may be paid the plaintiffby the defendant, while such execution is in the hands of such Sheriff This fee bill was made up from a variety of acts passed from 1784 to 1830. An exposition of this act in part was made in the case of Siler v. Blake, 3 Dev. and Bat. 93, where the Court declare, that the Legislature did not mean to give a Sheriff com-missionb on a debt, though he has an…
2Cited by2 opinions
- Siler v. . BlakeSupreme Court of North Carolina · 1838
- Lindsay's Executors v. ArmfieldSupreme Court of North Carolina · 1825