Stoddard v. Couch
Supreme Court of Connecticut
This was an action on the statute entitled “ an act relating to sheriffs,”* The declaration contained the following allegations. The defendant, as a constable of the town of Derby, arrested the plaintiff, and carried him before a justice of the peace, by virtue of a warrant issued upon the complaint of a grand-juror, charging the plaintiff with the commission of a riot.
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This was an action on the statute entitled “ an act relating to sheriffs,”* The declaration contained the following allegations. The defendant, as a constable of the town of Derby, arrested the plaintiff, and carried him before a justice of the peace, by virtue of a warrant issued upon the complaint of a grand-juror, charging the plaintiff with the commission of a riot. The plaintiff pleaded guilty, and the justice rendered judgment that he should pay a fine of five dollars, and the costs of prosecution, and stand committed until the sentence was complied with. In pursuance of the judgment,…
1Opinion of the CourtWaite, J.
The question presented upon this record, is, whether the offence charged against the defendant, in the *240declaration, ds within the provisions of the statute, upon which it is founded.
The fees taken, by the defendant, were for the service of a warrant in a criminal case. The statute relates to the taking of unlawful fees in a civil case. It provides that “ if any officer, who has served a writ, shall endorse thereon more than his legal fees, or demand or receive more than his legal fees, he shall forfeit threefold the amount of the excess.”
No person, therefore, but an officer who has served a…
2Cited by2 opinions
- Boston Educational Research Company, Inc. v. American MacHine & Foundry CompanyCourt of Appeals for the First Circuit · 1973
- Littlefield v. CowlesSupreme Court of Connecticut · 1901