¶1The general court determined the demurrer to be good, and gave judgment against the avowant. In this case the 1st and 3d points only being material, the court were decidedly of opinion in the negative. As to the third point, though no judicial opinion was given, yet the court seemed to think that if the question should be brought before them, they would not hesitate to say that the defendant is not liable for the poundage fees.
3 Md. 148
Fisher v. Beatty
Decided October 15, 1793
General Court of Virginia · decided 1793-10-15
THIS was an action of replevin of goods taken by the defendant as sheriff, to satisfy his poundage and other fees due on a writ of fieri facias and a venditioni exponas, which last writ was countermanded before execution. The cause was removed from the county court of Frederick, by a writ of pone. See the defendant’s avowry, and the general demurrer thereto, in 2 Harris’s Entries, 493 — 496.
Decided 1793-10-15