Gilman v. D. V. R.
Supreme Court of Iowa
Appeal from Polk Gwouit Court. This is an appeal from the ruling of the Circuit Court upon a motion to re-tax costs. The motion is as follows: “ GilMAN and Cowdrey, ) T- The Des MoiNes Yalley Railroad Co. ) Now come Clark, Barling and Johnson, and move the court to order the re-taxation of the sheriff’s costs for selling and making a deed, to the first division of the road mentioned in the decree in this cause, and that in said re-taxation the said sheriff be allowed only…
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Appeal from Polk Gwouit Court. This is an appeal from the ruling of the Circuit Court upon a motion to re-tax costs. The motion is as follows: “ GilMAN and Cowdrey, ) T- The Des MoiNes Yalley Railroad Co. ) Now come Clark, Barling and Johnson, and move the court to order the re-taxation of the sheriff’s costs for selling and making a deed, to the first division of the road mentioned in the decree in this cause, and that in said re-taxation the said sheriff be allowed only the sum of two hundred and fifty dollars, for the sale of said property. And for cause thereof the parties state that on…
1Opinion of the Court
Miller, Ch. J.
Without intimating any opinion as to whether the parties who made the motion have such interest in the matter in controversy as that they could projjerly make such motion or not, we come directly to the merits of the controversy.
The agreement is to accept a fixed sum by the sheriff in lieu of the legal fees for services to be performed. The statute prescribes what fees the sheriff is to receive for collecting and paying over money on execution, which is a certain per cent upon the sum collected and paid over by him. It further provides that where the property sold on execution…
2Cases cited8 opinions
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Dodge v. StilesSupreme Court of Connecticut · 1857
- Tappan v. BrownNew York Supreme Court · 1832
- Reynolds v. Nichols & Co.Supreme Court of Iowa · 1861
- Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pitsch v. Continental & Commercial National BankIllinois Supreme Court · 1922
- Horn v. BaltimoreCourt of Appeals for the Sixth Circuit · 1893
- County Commissioners v. GoodmanCourt of Appeals of Maryland · 1937
- Hawkeye Ins. v. BrainardSupreme Court of Iowa · 1887
- Dodson v. McCurninSupreme Court of Iowa · 1917
9 more not listed; retrieve them via the Exa API.