Woodruff v. Imperial Fire Insurance Co. of London, England
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 12, 1882, which modified and affirmed as modified an order of a judge of said court, adjusting and fixing the compensation of Bernard Reilly, as sheriff of the city and county of Hew York, for his services under an attachment.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 12, 1882, which modified and affirmed as modified an order of a judge of said court, adjusting and fixing the compensation of Bernard Reilly, as sheriff of the city and county of Hew York, for his services under an attachment. (Reported below, 27 Hun, 229.) The affidavits upon which the application was made stated in substance that the attachment was issued to the sheriff February 10, 1877, and immediately thereupon he levied upon and attached property sufficient to satisfy plaintiff’s…
1Opinion of the CourtRapallo, J.
If the fees of the sheriff are to be regulated by subdivision 2 of section 3307 of the Code of Civil Procedure, as was held by the General Term, its order was clearly right, for the facts bring the case precisely within that subdivision. The poundage is to be estimated on the value of the property attached, not exceeding the amount of the settlement. This language shows that a sale of the property is no longer necessary to entitle the sheriff to poundage, as was held in the case of The German Am. Bank v. The Morris Run Coal Co. (68 N. Y. 585). But we incline to the opinion that the effect of…
2Cases cited1 opinion
- German American Bank v. Morris Run Coal Co.New York Court of Appeals · 1877
3Cited by9 opinions
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Chisolm v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1906
- Depew v. SolomonowitzAppellate Division of the Supreme Court of the State of New York · 1900
- Wilkinson v. RaymondAppellate Division of the Supreme Court of the State of New York · 1903
- Bowe v. United States Reflector Co.New York Supreme Court · 1885
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