State ex rel. Wyatt v. Bagby
Indiana Supreme Court
From Allen Circuit Court; J. H. Aiken, Special Judge. Action by the State on the relation of Jacob Wyatt against Albert L. Bagby and others. From a judgment for defendants, relator appeals. Transferred from Appellate Court, under §1337h Burns 1901.
1Opinion of the CourtGxllett, J.
Appellant brought this action on the official bond of appellee Bagby to recover a penalty for an alleged act of extortion. It is stated in the brief of appellant that the action is instituted under the provisions of §8, Acts 1883, p. 48, §6549 Burns 1901. The act of March 31,1879 (Acts 1879, p. 130), which relates to the fees of constables for mileage in the service of process, was amended by the act of March 8, 1897, (Acts 1897, p. 217, §8060 Burns 1901), and therefore we assume that if the section of the act of 1879 relative to a civil penalty for extortion was not repealed by implication…
2Cases cited2 opinions
- State v. FlynnIndiana Supreme Court · 1901
- State ex rel. McKinney v. SouderIndiana Court of Appeals · 1895
3Cited by2 opinions
- State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
- Eccles v. WalkerNebraska Supreme Court · 1906