Knickerbacker v. Shipherd

Curia. The Sheriff may retain on the elder judgments, but not on those which are younger than the plaintiffs. Payment of the debts did not pay the fees; and unless the Sheriff is allowed to retain upon the elder, the consequence would be that the plaintiffs in those executions must pay the fees out of their own pockets; while sufficient property remains for that purpose. The Sheriff is liable to refund $7,24, unless the two judgments supposed to be docketed subsequent to Knickerbacker’s, shall appear, by the docket, to be earlier. Rule accordingly.