42 Neb. 274 | Neb. | 1894
The proceeding, from which error is taken to this court, was the ruling of the district court of Saline county on a motion to retax costs. The motion was sustained as to a part of the items and overruled as to the commission of the sheriff, and to review the ruling last named the case is brought into this court. A decree was rendered in the original case, which was entitled “The Shickle, Harrison & Howard Iron Company v. Willard Kent et al.,” including John R. Johnston and George D. Stevens. The Shickle, Harrison & Howard Iron Company had a judgment against Willard Kent and Horace G. H. Tarr for the enforcement of a lien against the real property afterwards sold for the sum of $14,977.39; Zephania Waterman, a like judgment and decree for the sum of $708.68; John Hawk, a like judgment and decree for the sum of $323.69; all of which parties had equal priority. The lien second in priority and subject to those above was that of the Crete
The contention of the plaintiff in error is that the sheriff] under the statute, was entitled to collect no commission because of the showing of facts above made and not contradicted. Section 5, chapter 28, Compiled Statutes, fixes the fees of the sheriff] who thereby is allowed “ commission on all money received and disbursed by him on execution, or order of sale, order of attachment, decree, or on sale of real or personal property, shall be for each dollar not exceeding four hundred dollars, three cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, two cents; for every dollar above one thousand
Affirmed.