Fowler v. Tuttle
Superior Court of New Hampshire
Debt, for tbe penalty of taking illegal fees. The action was commenced Nov. 17, 1848. The declaration alleged that on the 22d of July, 1848, the defendant was a justice of the peace; that a writ of summons, issued in fayor of one Hitchcock against these plaintiffs, returnable before him Aug. 12,1848, and on the 9tb of Sept., 1848, judgment was rendered in favor of Hitchcock, “from which judgment said Fowler and Plummer then claimed an appeal,” &c., “ which said appeal said…
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Debt, for tbe penalty of taking illegal fees. The action was commenced Nov. 17, 1848. The declaration alleged that on the 22d of July, 1848, the defendant was a justice of the peace; that a writ of summons, issued in fayor of one Hitchcock against these plaintiffs, returnable before him Aug. 12,1848, and on the 9tb of Sept., 1848, judgment was rendered in favor of Hitchcock, “from which judgment said Fowler and Plummer then claimed an appeal,” &c., “ which said appeal said James Tuttle, Jr., then granted, and took their recognizance with sureties to prosecute said appeal. And the said Fowler…
1Opinion of the CourtWoods, J.
The defendant was entitled to receive the fees to which a recording or certifying officer is entitled by virtue of section 3, ch. 229, of the Revised Statutes. That section provides that “ To all recording or certifying officers, there shall be allowed, for each page of two hundred twenty-four words, copied or recorded, twelve and a half cents ; for any part less than a page, eight cents ; and for every certificate on a copy of a whole case, ten cents.”
The first question for consideration arises upon the ruling of the court, which was to the effect that the several certificates of the…
2Cases cited2 opinions
- Livermore v. BoswellMassachusetts Supreme Judicial Court · 1808
- Pike v. JenkinsSuperior Court of New Hampshire · 1841