Kerr v. Raines

Mr. Malone, Special Judge,

delivered the opinion of the Court.

This is a certiorari case.

Kerr, the petitioner, sued Baines, a constable of Madison county, before a justice of the peace, to recover the penalty of $50 prescribed by Code (Sh.), section' 6358, for extortion by an officer, in demanding fees to which he is not entitled under the law.

He had judgment, and Baines appealed to the circuit-court, where the case was tried with a jury.

*503At the close of all the evidence, plaintiff moved for a directed verdict, which motion was denied over his exception. The jury brought in a verdict for…