Lipstine v. Campbell

Court of Appeals of Kentucky

Lipstine v. Campbell

77 Ky. 417, 14 Bush 417, 1878 Ky. LEXIS 93

DecidedDecember 18, 1878

StatusPublished

This text of 77 Ky. 417 (Lipstine v. Campbell) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lipstine v. Campbell, 77 Ky. 417, 14 Bush 417, 1878 Ky. LEXIS 93 (Ky. Ct. App. 1878).

Pincite

Opinion

JUDGE COPER

DELIVERED THE OPINION OP THE COURT.

“ For collecting money under execution or distress-warrant, if the debt be paid or the property sold, or a delivery-bond given and not complied with, the sheriff shall be entitled to six per cent on the first $300, and three per cent on the residue ; when he shall levy an execution or distress-warrant, and the defendant replevies the debt, or the wirit is staid by injunction, appeal, or other legal proceedings, or by order of the plaintiff, the officer shall be entitled to half of the above commissions, to be charged to the plaintiff, and collected as costs in the case.” (Sec. 1, art. 7, chap. 41, Gen. Stat.)

[418]*418When an execution is levied and staid the “ officer shall be entitled to one half the above commissions,” that is, as we construe the language, to one half the commissions he would have earned if he had not been interfered with, and had been allowed to proceed to sell the property levied on and collect the money.

Judgment reversed, and cause remanded with directions to render judgment for half commission on $300.

Free access — add to your briefcase to read the full text and ask questions with AI

JUDGE COPER

DELIVERED THE OPINION OP THE COURT.

“ For collecting money under execution or distress-warrant, if the debt be paid or the property sold, or a delivery-bond given and not complied with, the sheriff shall be entitled to six per cent on the first $300, and three per cent on the residue ; when he shall levy an execution or distress-warrant, and the defendant replevies the debt, or the wirit is staid by injunction, appeal, or other legal proceedings, or by order of the plaintiff, the officer shall be entitled to half of the above commissions, to be charged to the plaintiff, and collected as costs in the case.” (Sec. 1, art. 7, chap. 41, Gen. Stat.)

[418]*418When an execution is levied and staid the “ officer shall be entitled to one half the above commissions,” that is, as we construe the language, to one half the commissions he would have earned if he had not been interfered with, and had been allowed to proceed to sell the property levied on and collect the money.

Judgment reversed, and cause remanded with directions to render judgment for half commission on $300.

Cite This Page — Counsel Stack

Bluebook (online)

77 Ky. 417, 14 Bush 417, 1878 Ky. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipstine-v-campbell-kyctapp-1878.