Reigler v. Quinn
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Quinn & Gray sued John Reigler, a justice of the peace, to recover the statutory penalty for extortionate charges. Upon a trial before the court, the facts were found to be substantially as follows: Plaintiffs brought four civil suits upon open accounts, not verified. There was a default in each case. The justice heard the testimony of the plaintiffs, as provided by the statute, and rendered judgment in their favor.
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APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. Quinn & Gray sued John Reigler, a justice of the peace, to recover the statutory penalty for extortionate charges. Upon a trial before the court, the facts were found to be substantially as follows: Plaintiffs brought four civil suits upon open accounts, not verified. There was a default in each case. The justice heard the testimony of the plaintiffs, as provided by the statute, and rendered judgment in their favor. He taxed up a fee of one dollar for the trial in each case. The court held that there could be no trial, in the sense…
1Opinion of the CourtHemingway, J.
just¡Ce of the p e ac e—T rial fee. The statute regulating the fees of justices ..¶ of the peace allows one dollar “for each trial in a civil case. The only question in this case is, whether or not that provision applies to the proceeding, upon failure of the defendant to appear in cases in which the plaintiff’s claim is not founded on a written instrument, purporting to have been signed by the defendant. In such cases it is provided that the justice shall proceed to hear the allegations and proofs of the plaintiff, and to render judgment thereon for the amount to which he shows himself…
2Cases cited1 opinion
- Shaw v. KendigSupreme Court of Iowa · 1881