Marselis v. Seaman
New York Supreme Court
THIS action was brought before a justice of the peace, to recover of the defendant, a toll-gatherer on a plank road, the penalty imposed by statute for demanding and receiving more toll than by law he was authorized to collect.
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THIS action was brought before a justice of the peace, to recover of the defendant, a toll-gatherer on a plank road, the penalty imposed by statute for demanding and receiving more toll than by law he was authorized to collect. The summons issued by the justice had this indorsement thereon: “ Issued according to the provisions of the statute concerning the incorporation of turnpike and plank road companies, and the collection of penalties for demanding and recovering more than lawful toll, in passing through toll gates on such roads.” The cause was tried, and a verdict of a jury being…
1Opinion of the Court
By the Court, Bockes, J.
The objection to the process, that it was not properly indorsed, and hence was void, was correctly overruled by the justice. The indorsement was a full compliance with the requirements of the statute. It gave a general reference to the statute which imposed the penalty sought to be recovered. In Avery v. Slack, (17 Wend. 85,) Mr. Justice *321Cowen remarked, that the object of the statute was to give the defendant notice by indorsement, of the offence for which he is prosecuted. In this case that purpose was fully answered.
Nor can the objection that his wife demanded and…
2Cases cited3 opinions
- Avery v. SlackNew York Supreme Court · 1837
- Hopkins v. MollinieuxNew York Supreme Court · 1830
- Riley v. SuydamNew York Supreme Court · 1848
3Cited by2 opinions
- Claim of Berg v. Hetzler Bros.Appellate Division of the Supreme Court of the State of New York · 1917
- Prussia v. GuentherNew York Supreme Court · 1885