
    CASE 47 — AGREED CASE
    Dec. 18.
    Lipstine v. Campbell.
    APPEAL PRÓM CHRISTIAN CIRCUIT COURT.
    1. When an execution is levied and staid, the officer making the levy is entitled to one half the commission he would have been entitled to, if he had sold the property and collected the money.
    The execution in this case was for $6,128.70 and interest and costs. The property levied on was worth $300. Half commission is allowed on the $300.
    LANDES & CLARK and PHELPS & SON por appellant.
    Cited Gen. Stat., chap. 41, art. 8, sec. 1, and art. 19, sec. 5.
   JUDGE COPER

DELIVERED THE OPINION OP THE COURT.

For collecting money under execution or distress-warrant, if the debt be paid or the property sold, or a delivery-bond given and not complied with, the sheriff shall be entitled to six per cent on the first $300, and three per cent on the residue ; when he shall levy an execution or distress-warrant, and the defendant replevies the debt, or the wirit is staid by injunction, appeal, or other legal proceedings, or by order of the plaintiff, the officer shall be entitled to half of the above commissions, to be charged to the plaintiff, and collected as costs in the case.” (Sec. 1, art. 7, chap. 41, Gen. Stat.)

When an execution is levied and staid the “ officer shall be entitled to one half the above commissions,” that is, as we construe the language, to one half the commissions he would have earned if he had not been interfered with, and had been allowed to proceed to sell the property levied on and collect the money.

Judgment reversed, and cause remanded with directions to render judgment for half commission on $300.  