State Codes and Statutes

Statutes > Nebraska > Chapter33 > 33-117

33-117. Sheriffs; fees;disposition; mileage; report to county board.(1)The several sheriffs shall charge and collect fees at the rates specifiedin this section. The rates shall be as follows: (a) Serving a capias withcommitment or bail bond and return, two dollars; (b) serving a search warrant,two dollars; (c) arresting under a search warrant, two dollars for each personso arrested; (d) unless otherwise specifically listed in subdivisions (f)to (s) of this subsection, serving a summons, subpoena, order of attachment,order of replevin, other order of the court, notice of motion, other notice,other writ or document, or any combination thereof, including any accompanyingor attached documents, twelve dollars for each personserved, except that when more than one person is served at the same time andlocation in the same case, the service fee shall be twelve dollarsfor the first person served at that time and location and three dollars for each otherperson served at that time and location; (e) making a return of each summons,subpoena, order of attachment, order of replevin, other order of the court,notice of motion, other notice, or other writ or document, whether servedor not, six dollars; (f) taking andfiling a replevin bond or other indemnification to be furnished and approvedby the sheriff, one dollar; (g) making a copy of any process, bond, or otherpaper not otherwise provided for in this section, twenty-five cents per page;(h) traveling each mile actually and necessarily traveled within or withouttheir several counties in their official duties, three cents more per milethan the rate provided in section 81-1176, except that the minimum fee shallbe fifty cents when the service is made within one mile of the courthouse,and, as far as is expedient, all papers in the hands of the sheriff at anyone time shall be served in one or more trips by the most direct route orroutes and only one mileage fee shall be charged for a single trip, the totalmileage cost to be computed as a unit for each trip and the combined mileagecost of each trip to be prorated among the persons or parties liable for thepayment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury,not including mileage to be paid by the county, ten dollars; (k) summoninga petit jury, not including mileage to be paid by the county, twelve dollars;(l) summoning a special jury, for each person impaneled, fifty cents; (m)calling a jury for a trial of a case or cause, fifty cents; (n) executinga writ of restitution or a writ of assistance and return, eighteen dollars;(o) calling an inquest to appraise lands and tenements levied on by execution,one dollar; (p) calling an inquest to appraise goods and chattels taken byan order of attachment or replevin, one dollar; (q) advertising a sale ina newspaper in addition to the price of printing, one dollar; (r) advertisingin writing for a sale of real or personal property, five dollars; and (s)making deeds for land sold on execution or order of sale, five dollars.(2)(a) Except as provided in subdivision (b) of this subsection,the commission due a sheriff on an execution or order of sale, an order ofattachment decree, or a sale of real or personal property shall be: For eachdollar not exceeding four hundred dollars, six cents; for every dollar abovefour hundred dollars and not exceeding one thousand dollars, four cents; andfor every dollar above one thousand dollars, two cents.(b) In real estate foreclosure, when any party to the originalaction purchases the property or when no money is received or disbursed bythe sheriff, the commission shall be computed pursuant to subdivision (a)of this subsection but shall not exceed two hundred dollars.(3) The sheriff shall, on the first Tuesday in January, April,July, and October of each year, make a report to the county board showing(a) the different items of fees, except mileage, collected or earned, fromwhom, at what time, and for what service, (b) the total amount of the feescollected or earned by the officer since the last report, and (c) the amountcollected or earned for the current year. He or she shall pay all fees earnedto the county treasurer who shall credit the fees to the general fund of thecounty.(4) Any future adjustment made to the reimbursement rate providedin subsection (1) of this section shall be deemed to apply to all provisionsof law which refer to this section for the computation of mileage.(5) Commencing on and after January 1, 1988, all fees earnedpursuant to this section, except fees for mileage, by any constable who isa salaried employee of the State of Nebraska shall be remitted to the clerkof the county court. The clerk of the county court shall pay the same to theGeneral Fund. SourceR.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25. Cross ReferencesFor other provisions for fees of sheriff:Certificate of title, inspection fees, see section 60-158.Distraint and sale of taxpayer's property, see section 77-3906.Distress warrant, issuance, levy, and return, fee, see section 77-1720.Handgun, application, filing fee, see section 69-2404.Summons in error, see section 25-1904.Summons of county board of equalization, see section 77-1509.Summons out of county, see section 25-1713.Transporting mental health patients, see section 71-929.Transporting prisoners, see section 83-424. Annotations1. Reporting fees2. Mileage3. Miscellaneous1. Reporting feesThe provisions of this section requiring quarterly reports to the county board are mandatory. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).Mandamus will lie to compel a county sheriff to comply with this section by reporting to the county commissioners the fees collected by him for his services attending on district court and summoning juries. State ex rel. Antelope County v. Miller, 98 Neb. 179, 152 N.W. 326 (1915).2. MileageMileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. State ex rel. Tomka v. Janing, 183 Neb. 76, 158 N.W.2d 213 (1968).Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. Red Willow County v. Peterson, 91 Neb. 750, 137 N.W. 987 (1912).3. MiscellaneousNo commission is allowed where redemption is made from sheriff's sale. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).Sheriff cannot make charge for making return to execution of no property found. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).A sheriff is not entitled to any reward for the capture of a person who absconded after being charged with the crime of murder. Ward v. Adams, 95 Neb. 781, 146 N.W. 950 (1914).Under this section, as it existed in 1903, the fees pertaining to the office of sheriff belonged to the sheriff even though they might have been earned by his deputy, and in such a case, the sheriff could recover against the county without an assignment from the deputy. Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686 (1903).A sheriff or his deputy is not entitled to a fee for making a search and return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903).A sheriff is not entitled to a commission upon money which never comes into his hands, but was paid directly by a purchaser to the plaintiff in a foreclosure suit. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902).An agreement that a sheriff shall be paid fees in excess of those prescribed by the statute for his services is contrary to public policy and void. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).A sheriff is not entitled to a fee for his attendance during the trial of a civil action in a justice of the peace court. Kissinger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).A sheriff is entitled to a commission on money paid to him by the purchaser at a foreclosure sale even though the money is in the form of a check which was later returned without being cashed. Kent v. Shickle, Harrison & Howard Iron Co., 42 Neb. 274, 60 N.W. 563 (1894).

State Codes and Statutes

Statutes > Nebraska > Chapter33 > 33-117

33-117. Sheriffs; fees;disposition; mileage; report to county board.(1)The several sheriffs shall charge and collect fees at the rates specifiedin this section. The rates shall be as follows: (a) Serving a capias withcommitment or bail bond and return, two dollars; (b) serving a search warrant,two dollars; (c) arresting under a search warrant, two dollars for each personso arrested; (d) unless otherwise specifically listed in subdivisions (f)to (s) of this subsection, serving a summons, subpoena, order of attachment,order of replevin, other order of the court, notice of motion, other notice,other writ or document, or any combination thereof, including any accompanyingor attached documents, twelve dollars for each personserved, except that when more than one person is served at the same time andlocation in the same case, the service fee shall be twelve dollarsfor the first person served at that time and location and three dollars for each otherperson served at that time and location; (e) making a return of each summons,subpoena, order of attachment, order of replevin, other order of the court,notice of motion, other notice, or other writ or document, whether servedor not, six dollars; (f) taking andfiling a replevin bond or other indemnification to be furnished and approvedby the sheriff, one dollar; (g) making a copy of any process, bond, or otherpaper not otherwise provided for in this section, twenty-five cents per page;(h) traveling each mile actually and necessarily traveled within or withouttheir several counties in their official duties, three cents more per milethan the rate provided in section 81-1176, except that the minimum fee shallbe fifty cents when the service is made within one mile of the courthouse,and, as far as is expedient, all papers in the hands of the sheriff at anyone time shall be served in one or more trips by the most direct route orroutes and only one mileage fee shall be charged for a single trip, the totalmileage cost to be computed as a unit for each trip and the combined mileagecost of each trip to be prorated among the persons or parties liable for thepayment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury,not including mileage to be paid by the county, ten dollars; (k) summoninga petit jury, not including mileage to be paid by the county, twelve dollars;(l) summoning a special jury, for each person impaneled, fifty cents; (m)calling a jury for a trial of a case or cause, fifty cents; (n) executinga writ of restitution or a writ of assistance and return, eighteen dollars;(o) calling an inquest to appraise lands and tenements levied on by execution,one dollar; (p) calling an inquest to appraise goods and chattels taken byan order of attachment or replevin, one dollar; (q) advertising a sale ina newspaper in addition to the price of printing, one dollar; (r) advertisingin writing for a sale of real or personal property, five dollars; and (s)making deeds for land sold on execution or order of sale, five dollars.(2)(a) Except as provided in subdivision (b) of this subsection,the commission due a sheriff on an execution or order of sale, an order ofattachment decree, or a sale of real or personal property shall be: For eachdollar not exceeding four hundred dollars, six cents; for every dollar abovefour hundred dollars and not exceeding one thousand dollars, four cents; andfor every dollar above one thousand dollars, two cents.(b) In real estate foreclosure, when any party to the originalaction purchases the property or when no money is received or disbursed bythe sheriff, the commission shall be computed pursuant to subdivision (a)of this subsection but shall not exceed two hundred dollars.(3) The sheriff shall, on the first Tuesday in January, April,July, and October of each year, make a report to the county board showing(a) the different items of fees, except mileage, collected or earned, fromwhom, at what time, and for what service, (b) the total amount of the feescollected or earned by the officer since the last report, and (c) the amountcollected or earned for the current year. He or she shall pay all fees earnedto the county treasurer who shall credit the fees to the general fund of thecounty.(4) Any future adjustment made to the reimbursement rate providedin subsection (1) of this section shall be deemed to apply to all provisionsof law which refer to this section for the computation of mileage.(5) Commencing on and after January 1, 1988, all fees earnedpursuant to this section, except fees for mileage, by any constable who isa salaried employee of the State of Nebraska shall be remitted to the clerkof the county court. The clerk of the county court shall pay the same to theGeneral Fund. SourceR.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25. Cross ReferencesFor other provisions for fees of sheriff:Certificate of title, inspection fees, see section 60-158.Distraint and sale of taxpayer's property, see section 77-3906.Distress warrant, issuance, levy, and return, fee, see section 77-1720.Handgun, application, filing fee, see section 69-2404.Summons in error, see section 25-1904.Summons of county board of equalization, see section 77-1509.Summons out of county, see section 25-1713.Transporting mental health patients, see section 71-929.Transporting prisoners, see section 83-424. Annotations1. Reporting fees2. Mileage3. Miscellaneous1. Reporting feesThe provisions of this section requiring quarterly reports to the county board are mandatory. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).Mandamus will lie to compel a county sheriff to comply with this section by reporting to the county commissioners the fees collected by him for his services attending on district court and summoning juries. State ex rel. Antelope County v. Miller, 98 Neb. 179, 152 N.W. 326 (1915).2. MileageMileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. State ex rel. Tomka v. Janing, 183 Neb. 76, 158 N.W.2d 213 (1968).Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. Red Willow County v. Peterson, 91 Neb. 750, 137 N.W. 987 (1912).3. MiscellaneousNo commission is allowed where redemption is made from sheriff's sale. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).Sheriff cannot make charge for making return to execution of no property found. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).A sheriff is not entitled to any reward for the capture of a person who absconded after being charged with the crime of murder. Ward v. Adams, 95 Neb. 781, 146 N.W. 950 (1914).Under this section, as it existed in 1903, the fees pertaining to the office of sheriff belonged to the sheriff even though they might have been earned by his deputy, and in such a case, the sheriff could recover against the county without an assignment from the deputy. Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686 (1903).A sheriff or his deputy is not entitled to a fee for making a search and return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903).A sheriff is not entitled to a commission upon money which never comes into his hands, but was paid directly by a purchaser to the plaintiff in a foreclosure suit. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902).An agreement that a sheriff shall be paid fees in excess of those prescribed by the statute for his services is contrary to public policy and void. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).A sheriff is not entitled to a fee for his attendance during the trial of a civil action in a justice of the peace court. Kissinger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).A sheriff is entitled to a commission on money paid to him by the purchaser at a foreclosure sale even though the money is in the form of a check which was later returned without being cashed. Kent v. Shickle, Harrison & Howard Iron Co., 42 Neb. 274, 60 N.W. 563 (1894).

State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Nebraska > Chapter33 > 33-117

33-117. Sheriffs; fees;disposition; mileage; report to county board.(1)The several sheriffs shall charge and collect fees at the rates specifiedin this section. The rates shall be as follows: (a) Serving a capias withcommitment or bail bond and return, two dollars; (b) serving a search warrant,two dollars; (c) arresting under a search warrant, two dollars for each personso arrested; (d) unless otherwise specifically listed in subdivisions (f)to (s) of this subsection, serving a summons, subpoena, order of attachment,order of replevin, other order of the court, notice of motion, other notice,other writ or document, or any combination thereof, including any accompanyingor attached documents, twelve dollars for each personserved, except that when more than one person is served at the same time andlocation in the same case, the service fee shall be twelve dollarsfor the first person served at that time and location and three dollars for each otherperson served at that time and location; (e) making a return of each summons,subpoena, order of attachment, order of replevin, other order of the court,notice of motion, other notice, or other writ or document, whether servedor not, six dollars; (f) taking andfiling a replevin bond or other indemnification to be furnished and approvedby the sheriff, one dollar; (g) making a copy of any process, bond, or otherpaper not otherwise provided for in this section, twenty-five cents per page;(h) traveling each mile actually and necessarily traveled within or withouttheir several counties in their official duties, three cents more per milethan the rate provided in section 81-1176, except that the minimum fee shallbe fifty cents when the service is made within one mile of the courthouse,and, as far as is expedient, all papers in the hands of the sheriff at anyone time shall be served in one or more trips by the most direct route orroutes and only one mileage fee shall be charged for a single trip, the totalmileage cost to be computed as a unit for each trip and the combined mileagecost of each trip to be prorated among the persons or parties liable for thepayment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury,not including mileage to be paid by the county, ten dollars; (k) summoninga petit jury, not including mileage to be paid by the county, twelve dollars;(l) summoning a special jury, for each person impaneled, fifty cents; (m)calling a jury for a trial of a case or cause, fifty cents; (n) executinga writ of restitution or a writ of assistance and return, eighteen dollars;(o) calling an inquest to appraise lands and tenements levied on by execution,one dollar; (p) calling an inquest to appraise goods and chattels taken byan order of attachment or replevin, one dollar; (q) advertising a sale ina newspaper in addition to the price of printing, one dollar; (r) advertisingin writing for a sale of real or personal property, five dollars; and (s)making deeds for land sold on execution or order of sale, five dollars.(2)(a) Except as provided in subdivision (b) of this subsection,the commission due a sheriff on an execution or order of sale, an order ofattachment decree, or a sale of real or personal property shall be: For eachdollar not exceeding four hundred dollars, six cents; for every dollar abovefour hundred dollars and not exceeding one thousand dollars, four cents; andfor every dollar above one thousand dollars, two cents.(b) In real estate foreclosure, when any party to the originalaction purchases the property or when no money is received or disbursed bythe sheriff, the commission shall be computed pursuant to subdivision (a)of this subsection but shall not exceed two hundred dollars.(3) The sheriff shall, on the first Tuesday in January, April,July, and October of each year, make a report to the county board showing(a) the different items of fees, except mileage, collected or earned, fromwhom, at what time, and for what service, (b) the total amount of the feescollected or earned by the officer since the last report, and (c) the amountcollected or earned for the current year. He or she shall pay all fees earnedto the county treasurer who shall credit the fees to the general fund of thecounty.(4) Any future adjustment made to the reimbursement rate providedin subsection (1) of this section shall be deemed to apply to all provisionsof law which refer to this section for the computation of mileage.(5) Commencing on and after January 1, 1988, all fees earnedpursuant to this section, except fees for mileage, by any constable who isa salaried employee of the State of Nebraska shall be remitted to the clerkof the county court. The clerk of the county court shall pay the same to theGeneral Fund. SourceR.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25. Cross ReferencesFor other provisions for fees of sheriff:Certificate of title, inspection fees, see section 60-158.Distraint and sale of taxpayer's property, see section 77-3906.Distress warrant, issuance, levy, and return, fee, see section 77-1720.Handgun, application, filing fee, see section 69-2404.Summons in error, see section 25-1904.Summons of county board of equalization, see section 77-1509.Summons out of county, see section 25-1713.Transporting mental health patients, see section 71-929.Transporting prisoners, see section 83-424. Annotations1. Reporting fees2. Mileage3. Miscellaneous1. Reporting feesThe provisions of this section requiring quarterly reports to the county board are mandatory. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).Mandamus will lie to compel a county sheriff to comply with this section by reporting to the county commissioners the fees collected by him for his services attending on district court and summoning juries. State ex rel. Antelope County v. Miller, 98 Neb. 179, 152 N.W. 326 (1915).2. MileageMileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. State ex rel. Tomka v. Janing, 183 Neb. 76, 158 N.W.2d 213 (1968).Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. Red Willow County v. Peterson, 91 Neb. 750, 137 N.W. 987 (1912).3. MiscellaneousNo commission is allowed where redemption is made from sheriff's sale. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).Sheriff cannot make charge for making return to execution of no property found. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).A sheriff is not entitled to any reward for the capture of a person who absconded after being charged with the crime of murder. Ward v. Adams, 95 Neb. 781, 146 N.W. 950 (1914).Under this section, as it existed in 1903, the fees pertaining to the office of sheriff belonged to the sheriff even though they might have been earned by his deputy, and in such a case, the sheriff could recover against the county without an assignment from the deputy. Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686 (1903).A sheriff or his deputy is not entitled to a fee for making a search and return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903).A sheriff is not entitled to a commission upon money which never comes into his hands, but was paid directly by a purchaser to the plaintiff in a foreclosure suit. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902).An agreement that a sheriff shall be paid fees in excess of those prescribed by the statute for his services is contrary to public policy and void. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).A sheriff is not entitled to a fee for his attendance during the trial of a civil action in a justice of the peace court. Kissinger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).A sheriff is entitled to a commission on money paid to him by the purchaser at a foreclosure sale even though the money is in the form of a check which was later returned without being cashed. Kent v. Shickle, Harrison & Howard Iron Co., 42 Neb. 274, 60 N.W. 563 (1894).

Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.