Stilson v. Tobey
Massachusetts Supreme Judicial Court
This was an action brought to recover the penalty of 30 dollars of the defendant, one of the deputy sheriffs of the county, for demanding and receiving illegal fees upon the service of an execution.
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This was an action brought to recover the penalty of 30 dollars of the defendant, one of the deputy sheriffs of the county, for demanding and receiving illegal fees upon the service of an execution. The declaration was “ in a plea of debt, for that whereas, at, &c., on, &c., upon a writ of execution issued by & R., Esq., one of the justices of the peace, &c., on the same day, on a recognizance made by said Stilson to one Thomas O diorne, (there being on the same execution then due only 9 dollars and 67 cents,) wilfully and corruptly demanded and received of the said S. the sum of 2 dollars…
1Opinion of the Court
But by the Court.
The declaration is not good, and is drawn in a very unskilful manner; but the plaintiff insists that the defects are cured by the verdict. The general rule is that if, in the count, there appears to be a good title to make the demand which is defectively set out, the verdict may cure the defect. But a verdict will not cure a bad title.
The objections to the declaration in this case are, that no person whatever is alleged to have received any fees for the service of the execution, (a) and that the money supposed to be paid by the plaintiff is not alleged to have been paid on…
2Cases cited9 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1808
- Runnells v. FletcherMassachusetts Supreme Judicial Court · 1819
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barstow v. FossettMassachusetts Supreme Judicial Court · 1814
- Chesley v. BrownSupreme Judicial Court of Maine · 1834
- Hitchcock v. MungerSuperior Court of New Hampshire · 1844
- Nott v. JohnsonOhio Supreme Court · 1857
- United States v. ElliotU.S. Circuit Court for the District of Massachusetts · 1879