McQuade v. Manchester
Supreme Court of New Hampshire
Assumpsit, for money had and received. Facts agreed. Between April, 1895, and March, 1897, the plaintiff’s intestate was arraigned before the police court of Manchester upon sundry complaints charging that he kept spirituous liquor for sale contrary to law. In each instance he pleaded guilty or nolo contendere, and was fined $50 and costs for the first offence, and $100 and costs for subsequent offences.
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Assumpsit, for money had and received. Facts agreed. Between April, 1895, and March, 1897, the plaintiff’s intestate was arraigned before the police court of Manchester upon sundry complaints charging that he kept spirituous liquor for sale contrary to law. In each instance he pleaded guilty or nolo contendere, and was fined $50 and costs for the first offence, and $100 and costs for subsequent offences. He paid the fines and costs to the chief of police, who paid the- same to the city treasurer. The plaintiff made a demand upon the defendants for the money so paid, but they refused to repay…
1Opinion of the CourtPike, J.
The fines in question were imposed in accordance with the statute which provides that “police courts may render final judgment and sentence in any criminal case where the' fine does not exceed two hundred dollars, ... if the accused pleads guilty or nolo contendere.” P. S., c. 248, s. 8. The authority of a police court to render final judgment and impose a fine under such circumstances is confirmed by the opinion in Philpot v. State, 65 N. H. 250, which holds that a respondent has no right of appeal from such a judgment. See, also, State v. Williams, 68 N. H. 449, 451.
The holding in State v.…
2Cases cited3 opinions
- State v. JacksonSupreme Court of New Hampshire · 1898
- Philpot v. StateSupreme Court of New Hampshire · 1889
- State v. WilliamsSupreme Court of New Hampshire · 1895