33-119 Sheriffs and constables; fees for serving process. - Nebraska Statutes

33-119. Sheriffs and constables; fees for serving process.No sheriff or constable shall be entitled to receive on mesne or final process any fees provided for in section 33-117, unless he shall return upon the process, upon which any charge shall be made, the particular items of such charge. SourceR.S.1866, c. 19, § 29, p. 171; R.S.1913, § 2444; Laws 1915, c. 38, § 1, p. 108; C.S.1922, § 2384; C.S.1929, § 33-123; R.S.1943, § 33-119.AnnotationsA constable cannot recover his fees for serving a writ unless he makes return upon the writ of the particular fees charged. Van Etten v. Selden, 36 Neb. 209, 54 N.W. 261 (1893).This section does not apply to a sheriff's fee for care, preservation, and custody of attached property because the statute provided compensation for officers serving orders of attachment does not provide compensation for such services. Reed v. Smith, 25 Neb. 64, 40 N.W. 591 (1888).