Legal Opinion · Dissent

Burns v. Norton

New York Supreme Court

Decided January 23, 1891Published

Appeal from circuit court, Ontario county. Action by John Burns against Theodore M. Norton, to recover the amount of an excessive fine paid by. plaintiff. Plaintiff was arrested and tried before-defendant, a justice of the peace, acting as a court of special sessions, and a jury, upon the charge of assault in the third degree, and on the trial the jury rendered a verdict of guilty.

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Appeal from circuit court, Ontario county. Action by John Burns against Theodore M. Norton, to recover the amount of an excessive fine paid by. plaintiff. Plaintiff was arrested and tried before-defendant, a justice of the peace, acting as a court of special sessions, and a jury, upon the charge of assault in the third degree, and on the trial the jury rendered a verdict of guilty. Defendant, as such court, thereupon sentenced plaintiff to pay a fine of $100, and to stand committed until the payment thereof, not exceeding 100 days. Plaintiff, in order to avoid such imprisonment, paid the…

1Dissent

Macomber, J.,

(dissenting.) This action was brought to recover the sum of $100 claimed to have been collected of the plaintiff by the defendant upon a void judgment and sentence in a criminal case, by means of threats of imprisonment if the alternative money penalty should not be paid. The facts which were agreed upon at the trial are as follows. The defendant, on the 5th day of August, 1889, being a justice of the peace in Victor, in the county of Ontario, caused the arrest of the plaintiff on a warrant charging him with having committed an assault in the third degree. On being arraigned, the…

2Cases cited3 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. The People, Ex Rel. v. . KellyNew York Court of Appeals · 1884
  3. Clark v. HoldridgeNew York Supreme Court · 1870

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