Hartman v. Carter

In this Superior Court civil action the plaintiff sought a writ of mandamus which would have compelled the defendant (the controller) to refund a fine paid in a previous criminal action that the plaintiff had successfully appealed. The plaintiff also sought an award of his statutory costs, to wit, $5.10.

The record indicates that in July 1972 plaintiff paid a $20 fine to the Wardens’ Court of New Shoreham. The fine was imposed after the warden had found plaintiff guilty of violating a municipal ordinance which bars drinking in public places. The plaintiff appealed his conviction to the…