Leggatt v. Prideaux
Montana Supreme Court
Appeal from Fifth Judicial District, Beaverhead Comvby. Action to recover statutory penalty for collecting illegal fees. Judgment was rendered for the defendant on the pleadings by Showers, J. Statement of the case by the justice delivering the opinion.
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Appeal from Fifth Judicial District, Beaverhead Comvby. Action to recover statutory penalty for collecting illegal fees. Judgment was rendered for the defendant on the pleadings by Showers, J. Statement of the case by the justice delivering the opinion. This action (consisting of two actions consolidated) is brought by plaintiff under section 9, page 241, Laws 1891, against defendant, who was a justice of the peace, for recovery of ten times the amount of certain fees received by the justice, not specifically provided for by law. The section referred to declares: “That the fees and salaries…
1Opinion of the CourtHunt, J.
The first question presented is whether a justice of the peace who collects fees exceeding those allowed him by law, is liable in a civil action for a penalty of ten times the amount of such fees, without regard to any corrupt motive or intent in collecting them. The facts of this case show an admitted violation of the letter of the law, and a prima facie liability under its provisions. (Lydick v. Palmquist, 31 Neb. 300.)
That the justice of the peace believed he had a legal right to charge the fees he did, and acted in good faith in taxing and collecting the fees, constitute no defense. It…
2Cases cited14 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State v. SmithMontana Supreme Court · 1920
- State v. KellerIdaho Supreme Court · 1902
- State v. RechnitzMontana Supreme Court · 1898
- State ex rel. Payne v. District CourtMontana Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.