Southwestern Commercial Co. v. Owesney
Arizona Supreme Court
APPEAL from a Judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. The facts are stated in the opinion. It is unquestionable that keeper’s fees are taxable as costs in the suit, and are always so recovered when they are recoverable at all.
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APPEAL from a Judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. The facts are stated in the opinion. It is unquestionable that keeper’s fees are taxable as costs in the suit, and are always so recovered when they are recoverable at all. The Arizona statute is silent as to keeper’s fees, and in the absence of a compliance with a statute giving the right to such fees, the sheriff must rely on his contract. 25 Am. & Eng. Ency. of Law, 2d ed., p. 733; Perrin v. McMann, 97 Cal. 52, 31 Pac. 837; Bower v. Rankin, 61 Cal. 108;…
1Opinion of the CourtCampbell, J.
This action was brought by George Y. Owesney, as the assignee of Thomas J. Turner, to recover the amount claimed to have been expended by Turner, as sheriff, in keeping certain property under attachment in an action wherein the Southwestern Commercial Company was plaintiff and William Reid and John Baker were defendants. The cause was tried to a jury and resulted in a verdict for plaintiff. From the judgment entered thereon, and an order denying a motion for a new trial, the defendant appeals.
The first assignment of error challenges the sufficiency of the complaint as against a general…
2Cited by4 opinions
- Stewart v. Lee-Stewart, Inc.Court of Appeals of Arizona · 1967
- Williams v. HagansArizona Supreme Court · 1940
- Kirkland v. SpriggsArizona Supreme Court · 1918
- Bodine v. Lightning Moving & Warehouse Co.Court of Appeals of Arizona · 1967