Is a sheriff entitled to costs as against the execution creditor from the time of the order to withdraw?

Saskatchewan, Canada


The following excerpt is from A. Macdonald Co. v. Nicholson, 1915 CanLII 83 (SK QB):

Searle v. Maithews (1887) 19 Q.B.D. 77 (N.) at p. 78: Where a sheriff is ordered to withdraw he is entitled to costs as against the execution creditor from the time at which the latter authorized, the carrying on of the proceedings, that is generally from the return of the interpleader summons.

Other Questions


In what circumstances would the execution of an execution be postponed if the execution costs became so high that the execution would not have to be withdrawn? (Saskatchewan, Canada)
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action? (Saskatchewan, Canada)
In what circumstances will a judge order distribution of a pro rata distribution of execution creditors? (Saskatchewan, Canada)
What is the effect of a learned local master's order depriving a sheriff of his costs? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Is there a creditor who is not a defendant in a sheriff’s action? (Saskatchewan, Canada)
What is the test for lifting a stay of execution of an order respecting the custody of a child? (Saskatchewan, Canada)
In what circumstances will a defendant be ordered to pay costs for failing to show a notice of trial? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.