Henry v. Tilson
Supreme Court of Vermont
This was an action against the defendant, as constable and collector of the town of Braintree, brought to recover the penalty imposed by the Revised Statutes, chapter 106, section 16, for receiving illegal fees.
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This was an action against the defendant, as constable and collector of the town of Braintree, brought to recover the penalty imposed by the Revised Statutes, chapter 106, section 16, for receiving illegal fees. The declaration was in four counts, in each of which it was averred that the defendant, as collector, held a tax bill, — on which was a tax against the plaintiff, — and a warrant thereto attached, and that, by virtue of the said warrant, the defendant, on the seventh day' of May, 1843, arrested the plaintiff, and committed him to jail in Chelsea, in the county of Orange, and deposited…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
1. The defendant moved to dismiss the action for want of original jurisdiction in the county court. We think the motion was correctly overruled. From the ultimate decision of this court it will be seen that the plaintiff might have had reasonable ground of expectation of recovering more than one hundred dollars. And we have long since adopted the rule of decision, in regard to conflicting jurisdiction between the county court and justices of the peace, not to turn the party out of the county court, in a case admitting of reasonable doubt as…
2Cases cited1 opinion
- Kittridge v. RollinsSupreme Court of Vermont · 1840
3Cited by23 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- De Hasque v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1918
- Pike v. MegounSupreme Court of Missouri · 1869
- Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
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