Bradley v. Baldwin
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by Baldwin against Bradley, to recover the penalty of seven dollars, inflicted by a by-law of the town of Branford, for taking clams contrary to the provisions of such by-law. By the terms of the by-law, the penalty was given “one half to him, who shall prosecute the same to effect, and the other half to be paid into the treasury of said town.”
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IN ERROR. This was an action of debt, brought by Baldwin against Bradley, to recover the penalty of seven dollars, inflicted by a by-law of the town of Branford, for taking clams contrary to the provisions of such by-law. By the terms of the by-law, the penalty was given “one half to him, who shall prosecute the same to effect, and the other half to be paid into the treasury of said town.” At the beginning of the declaration, the plaintiff averred, that he “sued and prosecuted this action, as well in the name and behalf of the treasurer of the town of Brunford, as in his own name ;" and…
1Opinion of the Court
Hosmer, Ch. J.
The principal question before the court involves a mere point of practice, long and uniformly settled. If the exigencies of the case demanded it, and the question were open, I should incline to the opinion, that the action of the plaintiff might have been sustained in the name of the informer only ; but on this subject, I express no decided judgment. The former ground mentioned is sufficient ; and unless some palpable evil can be shown, which has not been attempted, it is absolutely conclusive. Were it requisite tow easily could be made to appear, that the practice here is…
2Cited by5 opinions
- State v. Lakewood Market Co.Supreme Court of New Jersey · 1913
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Hopkins v. Town of PlainfieldSupreme Court of Connecticut · 1828
- Illinois Central Railroad v. TaitIllinois Supreme Court · 1869
- Walsh v. United StatesU.S. Circuit Court for the District of Massachusetts · 1847