Supreme Court of Pennsylvania, 1809

Milne v. Davis

Milne v. Davis
Supreme Court of Pennsylvania · Decided December 11, 1809 · Tilghman
2 Binn. 137; 1809 Pa. LEXIS 42

Milne v. Davis

Opinion of the Court

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.

*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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