Moor v. Boswell
Massachusetts Supreme Judicial Court
The plaintiff declares in debt “ for that whereas one J. F. before A. R. Esq., one of the justices of the peace for this county, on the ',4th day of May last, recovered judgment against the plaintiff for the sum of nine dollars and ninety cents debt or damage, and two dollars eighteen cents charges of suit, on which judgment, after-wards, on the 28th day of the same May, a writ of execution in form prescribed by law issued, directed to the sheriff of said county or his…
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The plaintiff declares in debt “ for that whereas one J. F. before A. R. Esq., one of the justices of the peace for this county, on the ',4th day of May last, recovered judgment against the plaintiff for the sum of nine dollars and ninety cents debt or damage, and two dollars eighteen cents charges of suit, on which judgment, after-wards, on the 28th day of the same May, a writ of execution in form prescribed by law issued, directed to the sheriff of said county or his deputy, which writ of execution was afterwards on the same day delivered to the said Boswell, then and ever since a deputy…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
The action is debt upon the statute of 1795, c. 41., commonly called the fee bill, to recover of the defendant, a deputy sheriff of the county of Kennebeck, thirty dollars, being the penalty provided by the sixth section of that statute, for wilfully demanding and receiving greater fees for the services mentioned in the statute than are thereby allowed. The defendant pleaded the general issue, and a verdict having been found against him, he now moves to arrest the judgment.
It is a general and a reasonable rule of law, that…
2Cited by6 opinions
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Murphy v. LawrenceSupreme Court of Georgia · 1847
- Dill v. JonesSupreme Court of Georgia · 1847
- Stilson v. TobeyMassachusetts Supreme Judicial Court · 1807
- Barstow v. FossettMassachusetts Supreme Judicial Court · 1814
1 more not listed; retrieve them via the Exa API.