Milne v. Davis

2 Binn. 137, 1809 Pa. LEXIS 42
CourtSupreme Court of Pennsylvania
DecidedDecember 11, 1809
StatusPublished

This text of 2 Binn. 137 (Milne v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milne v. Davis, 2 Binn. 137, 1809 Pa. LEXIS 42 (Pa. 1809).

Opinion

Tilghman C. J.

What are his fees for executing a ca: sa:? It is a great hardship upon the sheriff to be liable for an escape, and yet to receive nothing.

[138]*138M‘Kean. There does not appear to be any fee for executing a ca: sai hut I conceive that the fee bill is the only rule.-

Per. Curiam.

The act of assembly, in giving poundage -upon a ca: sa: confines it to cases where the money has been paid and received. It may be hard upon the sheriff, but we cannot give what the act refuses. Let the rule be made abso» lute.

Hule absolute.

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Bluebook (online)
2 Binn. 137, 1809 Pa. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milne-v-davis-pa-1809.