Powers v. State
Supreme Court of Alabama
Samuel Poweiis was arrested in December, 1841, for. an of-fence against the State, and taken before John Stringer, then acting as a Justice of the Peace for Mobile cppnty, who recognized him with the plaintiffs in error as his sureties, to appear at the term of the Circuit Court of that county, to be holden in February, 1842. At the term appointed for the appearance of the accused, he failed to appear, and a judgment nisi was rendered against him and his sureties, for the…
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Samuel Poweiis was arrested in December, 1841, for. an of-fence against the State, and taken before John Stringer, then acting as a Justice of the Peace for Mobile cppnty, who recognized him with the plaintiffs in error as his sureties, to appear at the term of the Circuit Court of that county, to be holden in February, 1842. At the term appointed for the appearance of the accused, he failed to appear, and a judgment nisi was rendered against him and his sureties, for the sum of twenty-five hundred dollars, the penalty of the recognizance, and a scire facias awarded, requiring all the…
1Opinion of the CourtCollier, C. J.
The act of January, 1829, “prohibiting certain persons from exercising the powers of Justice of the Peace and Constable in this State,” imposes a penalty of forty dollars upon any person elected a Justice of the Peace, who shall perform any official act after his removal from the Beat in which he was elected; and gives an action for its recovery, one half of which is to be appropriated to the use of the party aggrieved, and the other half to the poor of the county. It is needless to consider whether the imposition of a penalty by statute, is tantamount to a prohibition of the act, and whether…
2Cited by3 opinions
- Wren v. StateSupreme Court of Alabama · 1881
- United States v. Lehigh Valley R. Co.District Court, M.D. Pennsylvania · 1930
- United States v. JanesU.S. Circuit Court for the District of Southern California · 1896