Graham v. Kibble
Nebraska Supreme Court
Error to the district court for Merrick county. Tried below before Post, J. The facts appear in tke opinion. Under sec. 37, Gen. Stat., 385, a penalty of fifty dollars is given to the party injured, to be recovered ’as debts of the same amount are recoverable by law, without reference to the amount of injury or overcharge, whether five cents or fifty dollars, hence there can be not a donbt it is a “penalty,” arising under the general laws of tbe state.
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Error to the district court for Merrick county. Tried below before Post, J. The facts appear in tke opinion. Under sec. 37, Gen. Stat., 385, a penalty of fifty dollars is given to the party injured, to be recovered ’as debts of the same amount are recoverable by law, without reference to the amount of injury or overcharge, whether five cents or fifty dollars, hence there can be not a donbt it is a “penalty,” arising under the general laws of tbe state. It is not intended as a compensation for the injury, since the right of the party injured to recover such excess as may have been demanded or…
1Opinion of the CourtLake, J.
This action was brought in the court below by the defendants in error to recover the statutory forfeiture for taking illegal fees, under section 37, chap. 22, Gren. Statutes, p. 385, which is as follows: “If any officer whatever, whose fees are hereinbefore expressed and limited, shall take greater fees than are so hereinbefore limited and expressed, for any service to be done by him in his office, or if any such officer shall charge or demand and take any of the fees hereinbefore ascertained and limited, when the business for which such fees are chargeable shall not be actually done and…
2Cases cited1 opinion
- Atchison & Nebraska R. R. v. BatyNebraska Supreme Court · 1877
3Cited by17 opinions
- Abel v. ConoverNebraska Supreme Court · 1960
- McNish v. General Credit CorporationNebraska Supreme Court · 1957
- School District v. AdamsNebraska Supreme Court · 1947
- Cram v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Gibson v. GibsonNebraska Supreme Court · 1888
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