Scott v. O'Hara

*214Dissenting Opinion by

Judge Carroll.

The opinion of a majority of the court in this case holds in effect that judges of courts and other court officers may surrender the jurisdiction and powers of their offices and the enforcement of the law- to private individuals, to be used for the purpose of extorting money for their private benefit, and that money so exacted cannot be recovered by the persons who were forced by threat and duress to pay it.

To this proposition, which I have not stated too broadly, I cannot give my consent. The facts recited in the opinion show beyond doubt that the…