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IN THE

SUPREME COURT,

AND

COURT OF APPEALS

OF THE

STATE OF NEW-YORK.

BY NATHAN HOWARD, JR.,
COUNSELLOR-AT-LAW, NEW-YORK.

VOLUME XXIX.

ALBANY:

WILLIAM GOULD & SON,

LAW BOOKSELLERS AND PUBLISHERS.

1867.

Entered according to Act of Congress, in the year eighteen hundred and sixty-five,

BY NATHAN HOWARD, JR.,

In the Clerk's Office of the District Court of the Southern District of New York.

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PRACTICE REPORTS.

SUPREME COURT.

GEORGE A. CALHOUN agt. MYLO LEE.

A sheriff cannot be allowed an additional compensation for executing an attachment over and above his prescribed fees, unless he is put to trouble or incurs expenses in taking possession of or in preserving the property attached. Where a sheriff attaches the interest of a defendant in a mining company, and the parties thereupon compromise the claim for a specified sum, the sheriff is entitled to the fees prescribed by the Revised Statutes for his services, as follows. Fifty cents for the service of the attachment; nineteen cents for a copy of the attachment, and twelve and a half cents for returning it. He is not entitled to poundage, because he has not attached any property he could sell by virtue of the attachment.

Before Justice BALCOM at chambers, Binghamton, March 29, 1865.

APPLICATION for the adjustment of the fees and compensation of the sheriff of the county of New York, for serving an attachment issued by Justice BALCOM.

CHARLES S. HALL, for plaintiff,

cited and commented on the following authorities: Code, § 243; Hoge agt. Page, 11 How. Pr. Rep. 207; Trenor agt. Fachin, 20 Id. 405; Alburtis agt. Dudley, 21 Id. 456.

O. W. CHAPMAN, for sheriff,

cited Mayhew agt. Duncan, 31 Barbour, 87; also different sections of the Code and Revised Statutes, and manuscript opinions.

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