McMahan v. Edgerton
Supreme Court of Vermont
This was an action to recover a penalty under a statute law of this State, as follows : iS Any officer who shall refuse or neglect for six hours, to deliver a true copy of the warrant or process by which he detains any prisoner, to any person who shall demand such copy and tender the fees therefor, shall forfeit and pay to.such prisoner the gum of two hundred dollars.” See General Statutes, chap. 23, sec. 48. Flea, general issue. Trial by jury.
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This was an action to recover a penalty under a statute law of this State, as follows : iS Any officer who shall refuse or neglect for six hours, to deliver a true copy of the warrant or process by which he detains any prisoner, to any person who shall demand such copy and tender the fees therefor, shall forfeit and pay to.such prisoner the gum of two hundred dollars.” See General Statutes, chap. 23, sec. 48. Flea, general issue. Trial by jury. Upon the trial of this cause, the plaintiff introduced evidence tending to prove that he, the plaintiff, on the 14th day of October, 1859, was…
1Opinion of the CourtBabrett, J.
This is an action on the statute for the penalty imposed, in ease a person detaining a prisoner shall, on demand and tender of fees, refuse or neglect to deliver a true copy of the warrant or process by virtue of which he detains such prisoner. It is clearly a penal action, and, according to many decided eases, stands upon the same rules of evidence as any other form of criminal prosecution. It is obvious, therefore, that the refusal or neglect, by which the forfeiture is to be incurred, must be the personal, voluntary act of the person sought to be charged ; and that the plaintiff must show…
2Cited by1 opinion
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