Commonwealth v. Keenan
Massachusetts Supreme Judicial Court
Complaint for making an unlawful sale of intoxicating liquor. The case was tried originally, on August 27, 1867, before James B. Crocker, esquire, a trial justice for Barnstable, and afterwards in the superior court, on appeal, before Rockwell, J., who allowed the- following bill of exceptions : It appeared, at the trial in the superior court, that the said trial justice, at the time of the making of the complaint, and on the day of the original trial thereupon, (which said…
Read the full summary
Complaint for making an unlawful sale of intoxicating liquor. The case was tried originally, on August 27, 1867, before James B. Crocker, esquire, a trial justice for Barnstable, and afterwards in the superior court, on appeal, before Rockwell, J., who allowed the- following bill of exceptions : It appeared, at the trial in the superior court, that the said trial justice, at the time of the making of the complaint, and on the day of the original trial thereupon, (which said complaint was received by said trial justice, and upon which said justice issued the warrant,) was clerk of the superior…
1Opinion of the CourtWells, J.
The fees which the law gives for the performance *591of official duties in relation to civil or criminal proceedings, do not constitute an interest in the proceedings. They are to be regarded simply as an equivalent for the service performed. A magistrate is not disqualified to render a judicial decision because he may thereby make further official action necessary for which he will receive the appropriate compensation in fees., And the court are of opinion that the case is not changed by the fact that such subsequent service is to be rendered, and fees received, in a different official capacity.…
2Cited by5 opinions
- State v. ClarkWest Virginia Supreme Court · 1908
- Clyma v. KennedySupreme Court of Connecticut · 1894
- McDonald v. CommonwealthCourt of Appeals of Kentucky · 1887
- Ex Parte LewisCourt of Criminal Appeals of Oklahoma · 1930
- Fletcher v. Somerset RailroadSupreme Judicial Court of Maine · 1883