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Robinett v. Connolly

Supreme Court of California
May 1, 1888
76 Cal. 56 (Cal. 1888)

Opinion

         Department One

         Hearing in Bank denied.

         Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.

         COUNSEL:

         John J. Coffey, and W. H. Tompkins, for Appellant.

          Matthew I. Sullivan, and David McClure, for Respondent.


         JUDGES: McKinstry, J. Paterson, J., and Searls, C. J., concurred.

         OPINION

          McKINSTRY, Judge

         The plaintiff, in the action Shain v. Robinett, could not require of the sheriff (defendant herein) to release the property by that officer attached therein, except upon payment of his keeper's fees. (Stats. 1871-72, p. 778.) Shain did not pretend to direct the sheriff to release the attachment, except on the condition which the law attaches to every direction to release an attachment.

         Robinett would have acquired no right to demand possession of the property from the sheriff by virtue of his settlement with Shain, had that settlement not provided for the payment of the keeper's fees. But it was part of the agreement of settlement that Robinett should pay the sheriff's fees. The sheriff may refuse to perform official work in advance unless his fees are paid, but (though he has not demanded them in advance), the statute continues his lien for keeper's fees until they are paid.

         Judgment and order affirmed.


Summaries of

Robinett v. Connolly

Supreme Court of California
May 1, 1888
76 Cal. 56 (Cal. 1888)
Case details for

Robinett v. Connolly

Case Details

Full title:THOMAS ROBINETT, Appellant, v. PATRICK CONNOLLY, Respondent

Court:Supreme Court of California

Date published: May 1, 1888

Citations

76 Cal. 56 (Cal. 1888)
18 P. 130

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