Cleaveland v. State
Supreme Court of Alabama
Ekom the City Court of Mobile. Tried before the Hon. Alex. McKiNStkv. The indictment in this case charged, that the defendant, “being a justice of the peace for Mobile -county, knowingly took from William H. Weed fifty cents for issuing garnishment, fifty cents for examination of garnishee, and se.venty-five cents for service of garnishment, these being other and greater fees than are allowed by law for such services.”
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Ekom the City Court of Mobile. Tried before the Hon. Alex. McKiNStkv. The indictment in this case charged, that the defendant, “being a justice of the peace for Mobile -county, knowingly took from William H. Weed fifty cents for issuing garnishment, fifty cents for examination of garnishee, and se.venty-five cents for service of garnishment, these being other and greater fees than are allowed by law for such services.” “On the trial,” as the bill of exceptions states, “the State proved by one A. M. Quig-ley, who was the only witness examined in behalf of the-prosecution, that he was…
1Opinion of the CourtR. W. Walker, J.
By section 3225 of the Code, as it is found in the printed copy, any justice, clerk, sheriff, or other offieer, “who knowingly takes for services not actually rendered, other or greater fees than are allowed by law for any services done by him, is guilty of extortion,” &c. By reference to the manuscript Code deposited in the office of the secretary of state, we find that the word “or,” after “rendered,” is by a typographical error left out of the printed copy; so that, according to the true reading, any officer named is guilty of extortion, if he'“knowingly takes for services not actually…
2Cases cited4 opinions
- Runnells v. FletcherMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. ShedMassachusetts Supreme Judicial Court · 1804
- Ex'rs of Tillinghast v. JohnsonSupreme Court of Alabama · 1843
- Respublica v. HannumSupreme Court of Pennsylvania · 1791
3Cited by7 opinions
- United States v. Joseph FischerCourt of Appeals for the D.C. Circuit · 2023
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- La Tour v. Stone, SheriffSupreme Court of Florida · 1939
- Collier v. StateSupreme Court of Alabama · 1876
- United States v. Thomas RobertsonCourt of Appeals for the D.C. Circuit · 2023
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