Bolton v. Lawrence
New York Supreme Court
Sheriffs’ fees on execution. Two executions on the judgment obtained in this cause were issued, one to New-York, the other to Chenango. The sheriff of Chenango was directed to levy on and advertise several tracts of land, which he accordingly did.
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Sheriffs’ fees on execution. Two executions on the judgment obtained in this cause were issued, one to New-York, the other to Chenango. The sheriff of Chenango was directed to levy on and advertise several tracts of land, which he accordingly did. Previous to the day of sale, the sheriff of Chenango was informed by the plaintiff’s attornies that the amount of the judgment had been collected by the sheriff of New-York, on the execution issued to that county, and was told that he (the sheriff of Chenango) was not entitled to poundage, or if entitled, that he could only collect it from the…
1Opinion of the Court
*437By the Court,
Sutherland, J.
The revised statutes have not altered the law as to the right of sheriffs to poundage in a case like the present. The provision on this subject is substantially the same as it was in the former statutes, and under them it has been uniformly held since Hildreth v. Ellice, 1 Caines, 192, that after a levy of an execution and satisfaction of the judgment, the sheriff is entitled to poundage, although he do not sell the property levied upon. Nor does the statute authorizing plaintiffs to issue executions to different counties at the same time, change the law from what…
2Cases cited2 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Hildreth v. ElliceNew York Supreme Court · 1803
3Cited by8 opinions
- Campbell v. . CothranNew York Court of Appeals · 1874
- Parsons v. BowdoinNew York Supreme Court · 1837
- German American Bank v. Morris Run Coal Co.New York Court of Appeals · 1877
- Morse v. GibbonsCalifornia Supreme Court · 1872
- Calhoun v. LeeNew York Supreme Court · 1865
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