Fields v. State
Tennessee Supreme Court
The attorney for the State has the right to prosecute an appeal in the nature of a writ of error, from the judgment of the Circuit Court, setting aside the order of the County Court removing the defendant in error from office, as constable, for extortion, and restoring him to his office.
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The attorney for the State has the right to prosecute an appeal in the nature of a writ of error, from the judgment of the Circuit Court, setting aside the order of the County Court removing the defendant in error from office, as constable, for extortion, and restoring him to his office. Courts have power to inquire, upon evidence, in a summary way, into the conduct of its officers, and to remove them in certain cases, if they are thought unfit for the station. [See Porter v. Earthman, 4 Y. 868, citing this case.] The County Court has ever ranked as one of the superior courts, and has as…
1Opinion of the CourtCatRON, J.
[1683 delivered the opinion of the Court. The defendant
was a constable of Williamson County, who had been indicted for extortion ; and at the July term, 1824, the cause came on for trial, and he was convicted, and judgment given by the County Court, that said Fields be removed from office, and fined ten dollars; from which judgment he appealed to the Circuit Court. The solicitor for the State then moved the Court that pending the prosecution in the courts above, Fields should be suspended from exercising the office of constable. Upon this motion the Court set forth “ that they are the same…
2Cases cited3 opinions
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- In re the case of YatesNew York Supreme Court · 1809
- M'Carroll's Lessee v. WeaksTennessee Supreme Court · 1814