Peck v. Powell
Supreme Court of Vermont
This was a petition by Hamilton S. Peck, judge of the City 'Court of the city of Burlington, praying for a writ of mandamus to compel E. Henry Powell, State Auditor, to allow and pay the petitioner certain fees. The petitionee claimed that the fees in question did not of right belong to the petitioner, and that, if they did, mandamus was not the proper remedy.
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This was a petition by Hamilton S. Peck, judge of the City 'Court of the city of Burlington, praying for a writ of mandamus to compel E. Henry Powell, State Auditor, to allow and pay the petitioner certain fees. The petitionee claimed that the fees in question did not of right belong to the petitioner, and that, if they did, mandamus was not the proper remedy. The petition was returnable to and heard at the January Term, 1890, ■of the Chittenden County Supreme Court upon petition and ■answer. The questions involved sufficiently appear in the ■opinion. In this State, the Legislature has at…
1Opinion of the Court
The opinion of the court was delivered by.
Tart, J.
The petitioner is judge of the city court of the city of Burlington. The petitionee is state auditor. It is provided by section 2, No. 37, Acts of 1888, that in prosecutions for intoxication where the disclosure of the respondent is taken the justice or municipal court, before whom the prosecution is pending, shall be entitled to a fee of one dollar and fifty cents for “ taking disclosure.” The city court has jurisdiction of such cases, and the petitionee as state auditor has allowed the petitioner as city judge, for such service, in each…
2Cited by3 opinions
- State Ex Rel. Baker v. GrangeIndiana Supreme Court · 1929
- State v. HowardSupreme Court of Vermont · 1909
- Bankers' Life Insurance v. HowlandSupreme Court of Vermont · 1901