Coleman v. Ross

The only question presented in this case involves the construction of the following language in Section 4, Session Acts, 1885, p. 121, fixing sheriff’s fees : “ For all sums of money actually made on any process and returned to the clerk, under one thousand dollars, three per centum; on all sums over one thousand dollars, two per centum.” In this case the plaintiff bid in the property, and the amount of his bid was credited on the execution, so that no money was in fact paid except about $74, which included all costs and disbursements in the case except the sheriff’s commissions on the *351sale.…