Knickerbacker v. Shipherd

3 Cow. 383
New York Supreme Court·Decided October 15, 1824·Published·Cited by 2 cases

Opinion

Curia.

The 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.

The 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.

Rule accordingly.

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Knickerbacker v. Shipherd, 3 Cow. 383 (N.Y. Super. Ct. 1824).

3 Cow. 383 (Knickerbacker v. Shipherd) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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