Littlefield v. Cowles
Supreme Court of Connecticut
Action against a deputy-sheriff to recover the penalty provided by statute for charging illegal fees, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff for $450 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action against a deputy-sheriff to recover the penalty provided by statute for charging illegal fees, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff for $450 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court. The complaint alleged in a single count that on a certain day eighteen writs of attachment, in favor of different plaintiffs, and all against the present plaintiff, who resided in the town of Burlington, were, at New Britain, placed in the hands of…
1Opinion of the CourtHall, J.
The demurrer to the complaint was properly ' overruled by the trial court. If, by the act of demanding and receiving from the plaintiff the $150, the defendant charged that sum against the plaintiff, within the meaning of the word “ charge ” in the statute, the fact that the illegal fees charged in eighteen different suits were included in such gross sum, did not require the plaintiff to set forth in separate counts and as distinct causes of action the illegal charges in each case. The complaint names one sum, $11, as the amount of the fees indorsed upon each writ, and states that that sum…
2Cases cited4 opinions
- Gridley v. AndrewsSupreme Court of Connecticut · 1830
- Dunlap v. CurtisMassachusetts Supreme Judicial Court · 1813
- Johnson v. BurnhamSupreme Court of Vermont · 1850
- Stoddard v. CouchSupreme Court of Connecticut · 1854
3Cited by1 opinion
- Waldmier v. DycusLouisiana Court of Appeal · 1904