Hillman v. Chmelka

L. J. Chmelka, defendant in error, to whom we hereinafter refer as plaintiff, brought an action against A. R. Hillman, a constable, as defendant, plaintiff in error here, to recover judgment under the provisions of section 186, chapter 48, ’35 C.S.A., in the amount of $171.15, being treble the amount of alleged illegal fees collected by defendant. Judgment was entered in favor of plaintiff, to review which, defendant has sued out a writ of error.

In an unlawful detainer action instituted in a justice of the peace court March 8, 1946, Willard, the landlord, sought to recover possession of the…