Town of Plymouth v. Painter
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by Allen Painter against the town of Plymouth, to recover of the defendants the sum of 1 dollar, 20 cents, which the plaintiff claimed as due to him as his fees, as a witness, in a public prosecution, before a justice of the jieace in that town, against John C. Calhoun and Lucius P, Porter, for a matter of delinquency. On the trial of the cause before the justice, on the general issue, the following facts were proved.
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IN ERROR. This was an action of debt, brought by Allen Painter against the town of Plymouth, to recover of the defendants the sum of 1 dollar, 20 cents, which the plaintiff claimed as due to him as his fees, as a witness, in a public prosecution, before a justice of the jieace in that town, against John C. Calhoun and Lucius P, Porter, for a matter of delinquency. On the trial of the cause before the justice, on the general issue, the following facts were proved. At a town meeting of the town of Plymouth, legally warned, and held on the 7th of October 1844, Sylvester Matthews was one of six…
1Opinion of the CourtStorks, J.
On the facts in this case, the plaintiff in error claims, that there was a refusal by Matthews to accept the office, and that he could not, by subsequently taking the oath, become competent to exercise it; and that, therefore, not being legally a grand-juror, when said complaint was made, the town of Plymouth were not bound by the proceedings of the court before which it was tried, and could not be subjected for the fees of the defendant in error, as a witness in that cause. The main question made by the plaintiff in error before us, is, whether Matthews, by taking the oath, under these…
2Cases cited6 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wilcox v. SmithNew York Supreme Court · 1830
- Cocke Ex Rel. Commercial Bank of Columbus v. HalseySupreme Court of the United States · 1842
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
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3Cited by46 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- State v. AbbeySupreme Court of Vermont · 1856
- Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- Carleton v. PeopleMichigan Supreme Court · 1862
41 more not listed; retrieve them via the Exa API.