Triplett v. Munter
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The defendant was a justice of the peace in Stockton Township, County of San Joaquin. In a case tried before him in which H. H. Naglee was the plaintiff, and B. Triplett and E. Cannavan were defendants, judgment was rendered for the plaintiff and the defendants appealed.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The defendant was a justice of the peace in Stockton Township, County of San Joaquin. In a case tried before him in which H. H. Naglee was the plaintiff, and B. Triplett and E. Cannavan were defendants, judgment was rendered for the plaintiff and the defendants appealed. "When the appeal was taken, the defendants paid the justice the fees which he demanded, and among the items of his costs were about five dollars which were illegal. Triplett filed an information before the -District Court, asking for the removal…
1Opinion of the Court
By the Court :
The information does not aver that the fees received by *646the defendant, in excess of those he was entitled to charge, were knowingly, willfully or corruptly taken; and the court finds “that the defendant charged and collected said illegal fees under an honest conviction that he was legally entitled thereto.” The proceeding is taken under section 772 of the Penal Code, which relates to the offense “of charging and collecting illegal fees,” and of the neglect or refusal of an officer “to perforin the official duties of his office.” The same penalty is denounced against both…
2Cited by13 opinions
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- Smith v. LingCalifornia Supreme Court · 1885
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