Dunlap v. Curtis
Massachusetts Supreme Judicial Court
This was an action of debt, brought against1 the- defendant, a deputy sheriff for this county, for the penalty of thirty dollars, given by the sixth section of the statute of- 1795, c; 41, commonly called the fee bill, for demanding and: receiving of the plaintiff ' a- greater fee than by that statute is allowed: The declaration charged- the defendant with corruptly and wilfully demanding and receiving of- the plaintiff,.for the service of an original writ of attachment…
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This was an action of debt, brought against1 the- defendant, a deputy sheriff for this county, for the penalty of thirty dollars, given by the sixth section of the statute of- 1795, c; 41, commonly called the fee bill, for demanding and: receiving of the plaintiff ' a- greater fee than by that statute is allowed: The declaration charged- the defendant with corruptly and wilfully demanding and receiving of- the plaintiff,.for the service of an original writ of attachment returnable before a, justice ■ of- the ■ peace, in which writ one Samuel Averill was plaintiff, and: the said' Dimlap, the…
1Per curiam
The extortion to be punished by a penalty against an officer, who receives more than lawful fees by color of his office, supposes a right to demand fees of the person who pays them. The excess demanded and taken is then extorsive; and the offence is to be punished by the penalty given by the statute, to be recovered by any person who will sue for the same, or by indictment.
But fees demanded of a person not liable, or voluntarily paid by a person not liable, although improperly and unjustly taken and accepted by the officer, and although, in certain cases, he may be punishable for the cheat or…
2Cases cited2 opinions
- Runnells v. FletcherMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. ShedMassachusetts Supreme Judicial Court · 1804
3Cited by7 opinions
- Arnold v. MundySupreme Court of New Jersey · 1821
- Runnells v. FletcherMassachusetts Supreme Judicial Court · 1819
- Collier v. StateSupreme Court of Alabama · 1876
- Littlefield v. CowlesSupreme Court of Connecticut · 1901
- Rawson v. PorterSupreme Judicial Court of Maine · 1832
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