John A. Littlefield v. Samuel W. Peckham
Supreme Court of Rhode Island
Assumpsit for money paid as costs in the Court of Magistrates of the city of Providence, upon an appeal from the judgment of said Court, on a complaint for selling strong liquors without license, to the Court of Common Pleas.
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Assumpsit for money paid as costs in the Court of Magistrates of the city of Providence, upon an appeal from the judgment of said Court, on a complaint for selling strong liquors without license, to the Court of Common Pleas. By section 1, of “An act in addition to and in amendment of an act entitled an act in amendment of an act enabling Town Councils to grant licenses for retailing-strong liquors, and for other purposes,” it is provided, that the party complained of may appeal from the sentences of the Justice, before whom the complaint is tried, upon the terms and conditions prescribed for…
1Opinion of the CourtBrayton, J.
In the argument of this cause it xvas claimed on the part of the plaintiff, that upon the proper construction of the license act, the costs paid by the present plaintiff, as a condition of his appeal, are recoverable, and that it was intended that the payment should be conditional only, and the amount held as security to abide the event of the prosecution, and upon final acquittal to be paid back to him ; and, secondly, if under the law the plaintiff has no right to recover l!>ack the costs so paid, then that the law, in so far as it requires the payment of such costs, is unconstitutional and…
2Cases cited1 opinion
- Biddle v. CommonwealthSupreme Court of Pennsylvania · 1825
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