Leighton v. Walker
Superior Court of New Hampshire
This was debt against the defendant, a justice of the peace, to recover of him a penalty of $30, under the statute of December 23d, 1820⅜ for demanding and receiving of one Stephen Leighton greater fees than were allowed by law, for the copies of a ease in favor of Geo. S. Evans against said Stephen Leighton, which had been tried before said Walker, and carried by appeal to the court of common pleas. Plea, nil debet.
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This was debt against the defendant, a justice of the peace, to recover of him a penalty of $30, under the statute of December 23d, 1820⅜ for demanding and receiving of one Stephen Leighton greater fees than were allowed by law, for the copies of a ease in favor of Geo. S. Evans against said Stephen Leighton, which had been tried before said Walker, and carried by appeal to the court of common pleas. Plea, nil debet. On the trial, it appeared that the suit in favor of Evans vs. Stephen Leighton had been entered and tried before the defendant, he being a justice of the peace, and an appeal…
1Opinion of the CourtUpham, J.
This action is founded upon the remedial pro*61vision of the 3d section of the statute of December 23d, 1820, entitled “an act regulating fees,” (1 Laws N. H. 323.) and the only question which is now urged in the case is, whether this provision of the statute is still in force, or has been repealed by the act of July 2d, 1831.
The 3d section of the act of 1820 provides, “ that if any per- ‘ son or persons, entitled to fees under the act, shall demand ‘ and take any greater fee or fees for any of the services men- ‘ tioned in the act, than is therein and thereby provided and ! declared, he or they…
2Cases cited1 opinion
- Trustees of Phillips Academy v. KingMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Lisbon v. ClarkSuperior Court of New Hampshire · 1846