Trustees of Middletown Academy v. Cochran

Superior Court of Delaware

Trustees of Middletown Academy v. Cochran

50 A. 285, 19 Del. 56, 3 Penne. 56, 1900 Del. LEXIS 52

CourtSuperior Court of Delaware

DecidedDecember 15, 1900

DocketVenditioni Exponas No. 2

StatusPublished

Cited by1 cases

This text of 50 A. 285 (Trustees of Middletown Academy v. Cochran) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trustees of Middletown Academy v. Cochran, 50 A. 285, 19 Del. 56, 3 Penne. 56, 1900 Del. LEXIS 52 (Del. Ct. App. 1900).

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Opinion

Query—Is the sheriff entitled to dollarage on the levy, under the statute (Rev. Code, 895) which provides that where a sheriff [57]*57makes a levy and there is a settlement after the expiration of thirty days, he is entitled to dollarage ?

Upon these facts, the Court held that it made no difference whether it was a fieri facias or a venditioni exponas, but that upon a writ in the sheriff’s hands in the same transaction, when the settlement was made after the expiration of thirty days from the date of the levy, he was entitled to his dollarage.

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Query—Is the sheriff entitled to dollarage on the levy, under the statute (Rev. Code, 895) which provides that where a sheriff [57]*57makes a levy and there is a settlement after the expiration of thirty days, he is entitled to dollarage ?

Upon these facts, the Court held that it made no difference whether it was a fieri facias or a venditioni exponas, but that upon a writ in the sheriff’s hands in the same transaction, when the settlement was made after the expiration of thirty days from the date of the levy, he was entitled to his dollarage.

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Bluebook (online)

50 A. 285, 19 Del. 56, 3 Penne. 56, 1900 Del. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trustees-of-middletown-academy-v-cochran-delsuperct-1900.

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