Gordon's v. Maupin
Supreme Court of Missouri
APPEAL from Boone Circuit Court. 1st. That the sheriff is not entitled, by law, to a commission upon the debt and interest mentioned in the execution, because he did not receive or collect the same, nor pay over the same to the plaintiff; but, on the contrary, the same was received, by the plaintiff himself, and the same was paid over to the plaintiff. 2d.
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APPEAL from Boone Circuit Court. 1st. That the sheriff is not entitled, by law, to a commission upon the debt and interest mentioned in the execution, because he did not receive or collect the same, nor pay over the same to the plaintiff; but, on the contrary, the same was received, by the plaintiff himself, and the same was paid over to the plaintiff. 2d. That the commission allowed by our statute, is the compensation to which the sheriff is entitled for collecting, or receiving and paying money upon execution to the plaintiff, and is not designed or intended as a compensation to him for any…
1Opinion of the Court
Scott, ,T.,
delivered the opinion of the Court.
In July, 1846, Maupin, the sheriff of Boone county, had an execution for a considerable amount, against the Messrs. Gordons, at the suit of Price R. Parks. This execution was levied on real estate of the appellants, which was advertised for sale-. Prior, however, to the day of sal® *353the execution, and all costs, except the sheriff’s commission on the debt, were satisfied. The sheriff, conceiving himself entitled to the commission allowed by law for collecting monies on execution, refused to return the execution satisfied, and was proceeding to make…
2Cases cited2 opinions
- Jackson ex dem. Anderson v. AndersonNew York Supreme Court · 1830
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
3Cited by7 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- State ex rel. Thompson v. PrinceWashington Supreme Court · 1894
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