Wheelock v. Sears
Supreme Court of Vermont
Tins was an action founded upon the statute, — Revised Statutes;, chap. 106, sec. 16-,* — against taking illegal fees, brought by- the' plaintiff as the party aggrieved, the defendant being a deputy'sheriff,, and was commenced before a justice of the peace, and came to the county court by appeal.
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Tins was an action founded upon the statute, — Revised Statutes;, chap. 106, sec. 16-,* — against taking illegal fees, brought by- the' plaintiff as the party aggrieved, the defendant being a deputy'sheriff,, and was commenced before a justice of the peace, and came to the county court by appeal. The original writ was made returnable April 11, 1845; and no minute was made upon it, at the time it was signed, of the day, month and year when it was signed; but on the return day of the writ a minute was made upon it by the magistrate, that it was exhibited to and signed by him the twenty second…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
This action was originally commenced before a justice of the peace, and came into the county court by appeal. It was brought by the plaintiff, as the party aggrieved, to recover a penalty of ten fold for taking illegal fees as a deputy sheriff, and was made returnable April 11, 1845. No minute of the day, month and year, when the writ was signed, was entered upon it, by the magistrate, at the time of signing; but on the return day of the writ a minute, in the usual form, was entered on the back thereof, asserting that it *562was exhibited to and…
2Cases cited2 opinions
- Pollard v. WilderSupreme Court of Vermont · 1843
- Town of Montpelier v. AndrewsSupreme Court of Vermont · 1844
3Cited by14 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Hill v. MoreySupreme Court of Vermont · 1854
- Landon v. HuntSupreme Court of Vermont · 1909
- Spaulding v. WarnerSupreme Court of Vermont · 1885
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