Legal Opinion

State v. Bishop

Supreme Court of Connecticut

Decided July 15, 1828PublishedCited by 6 opinions

IN ERROR. This was a complaint, exhibited by a grand-juror of the 0p t]ie town of Branford, to Benjamin Page, Esq., a justice of the peace, against Amos Bishop, for taking excessive toll.

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IN ERROR. This was a complaint, exhibited by a grand-juror of the 0p t]ie town of Branford, to Benjamin Page, Esq., a justice of the peace, against Amos Bishop, for taking excessive toll. The complaint alleged, that Bishop, being miller of a certain grist-mi 11, situate in said Branford, has, at sundry times, within one year past, taken as toll for grinding different kinds of grain, more than what the law allows ; particularly, on or about the 27th of November 1824, John Russell of said Branford, carried to said mill, and delivered to said Bishop, as miller of said mill, six bushels of…

1Opinion of the Court

Hosmer, Ch. J.

The case before us involves no manner of difficulty.

To the sufficiency of the grand-juror’s information, it has been objected, that it does not appear, that it was made to a justice of the peace residing in the town where the offence was committed ; and that there is no allegation, shewing the time or place of its commission.

In respect of the forum, the defendant should have pleaded to the jurisdiction of the court. By the plea of not guilty, the jurisdiction was admitted. Co. Litt. 303. 1 Chitt. Plead 425. Archb Plead. 290. Besides, the place of the justice’s residence is…

2Cited by6 opinions

  1. Ford v. United StatesSupreme Court of the United States · 1926
  2. Reed v. ReinckeSupreme Court of Connecticut · 1967
  3. Mott's Super Markets, Inc. v. FrassinelliSupreme Court of Connecticut · 1961
  4. Neth v. CrofutSupreme Court of Connecticut · 1862
  5. Pounder v. AsheNebraska Supreme Court · 1893

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