Knickerbacker v. Shipherd

Decided October 15, 1824

New York Supreme Court · decided 1824-10-15

A ft. fa. was issued, in this cause, to John Doty, Esq. late Sheriff of the county of Washington, about the 1st Septemher, 1820, directing him to collect $1273,64, with interest from 1th May, 1819. Doty then had in his hands several writs of fi.fa. against the defendant, in favour of different piainliffs, which were arranged and paid; but the Sheriff claimed fees upon them to $31,51.

Cited by 2 later decisions — most recently March 1853

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1824-10-15

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Curia.

¶1The Sheriff may retain on the elder judgments, but not on those which are younger than the plaintiffs. Payment of the debts did not pay the fees; and unless the Sheriff is allowed to retain upon the elder, the consequence would be that the plaintiffs in those executions must pay the fees out of their own pockets; while sufficient property remains for that purpose.

¶2The Sheriff is liable to refund $7,24, unless the two judgments supposed to be docketed subsequent to Knickerbacker’s, shall appear, by the docket, to be earlier.

¶3Rule accordingly.