Johnson v. Burnham
Supreme Court of Vermont
This was an action against the defendant for taking more than legal fees for serving a writ in favor of the plaintiff upon one Norton. Plea, the general issue, and trial by the court, June Term, 1850,— Poland, J., presiding. On trial the facts appeared as follows.
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This was an action against the defendant for taking more than legal fees for serving a writ in favor of the plaintiff upon one Norton. Plea, the general issue, and trial by the court, June Term, 1850,— Poland, J., presiding. On trial the facts appeared as follows. The writ in favor of the plaintiff against Norton was served by the defendant in October, 1846, and upon the writ the defendant taxed his fees, as follows;— “ Travel, $0,60; 2 copies, $6,00; paid clerk, $0,20.” The plaintiff proved, that the copies would amount to no more than eighty five cents each, making an excess, in the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is a most palpable case of taking illegal fees by the defendant. The copies were charged at three dollars each, when the case shows, that each copy, at the rate of charge fixed by the statute, would amount only to eighty five cents. The facts were all before the defendant; and as it is to be taken, that every roan knows the law, no question can arise as to the scienter and motives of the defendant.
The only question, which can be made, is, whether the plaintiff is the party aggrieved. The sixteenth section of chap. 106 of the Revised…
2Cited by3 opinions
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- Templeton v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904