Lane v. McElhany

Citations

• 49 Cal. 421

Syllabus

<p>Complaint nr Action fob Sheriff’s Fees.—In a complaint in an action brought by a Sheriff for official services in levying an execution, it is not necessary to aver the value of the services rendered, as the law fixes their value.</p> <p>Idem.—In such complaint, it is not necessary to allege a demand. An allegation of a special request by the defendant, that the plaintiff should perform the services, is sufficient.</p> <p>Idem.—In such complaint it is not necessary to aver that the sums due the plaintiff, were not collected by the sheriff by a sale of the property levied on.</p> <p>Shebief’s Fees m Keeping Pbopebtt.—In an action by a Sheriff, to recover for his services in keeping property levied on by virtue of an execution, the complaint is insufficient which neither avers what the services were reasonably worth, nor that the Court, from which the execution issued, had certified that the amount was just and reasonable, and such certificate is the proper evidence of the value of the services.</p>