Marr v. Murphy

Murphy, a justice of the .peace of Knox county, was sued by Marr for a penalty of $50' for extortion in the taking from Marr of the sum of fifty cents for and at the time of the issuance of a criminal warrant sued out on the affidavit of Marr as prosecutor. The predicate for the liability of the officer is not that the sum was one in excess of what the law allowed, hut that it was taken by him before it was due or collectible according to statute, in that by statute only *462on the contingency that the presentation was frivolous or malicious conld Marr, as prosecutor, be held liable for the fee…