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12 R.I. 347

Tilley v. De Wolf

Supreme Court of Rhode Island

Decided July 5, 1879

Supreme Court of Rhode Island · decided 1879-07-05

Assumpsit. Heard by the court, jury trial being waived. Gen. Stat. R. I. cap. 246, § 22, allows to sheriffs and their deputies, town sergeants and constables, as a part of their fees, “ if the damage laid in a writ of arrest, attachment, or replevin be over five hundred dollars .... one twentieth of one per cent, for all sums over.” November 10, 1877.

Cited by 1 later decisions — most recently September 1945

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-07-05

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Pee Curiam.

¶1 This is an action by a sheriff for poundage upon the service of a writ in an action brought by Winthrop De Wolf, receiver, against tbe A. & W. Sprague Manufacturing Company and others. The writ in that case was served by attachment of real estate, and attachments were made in three different counties.

¶2 The court has heretofore decided that only one poundage was taxable as costs. The court now decides that the poundage is apportionable among the several officers who made the attachments, according to the proportionate values of the estates respectively attached by them. The case will stand for a further hearing on the question of amount.

¶3 Case reserved for hearing.

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