Ryan v. Johnson

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

Ryan sued Johnson, a Justice of the Peace, for extorting illegal fees in his official capacity. The defendant demurred to the jurisdiction of the Court, and to the complaint generally. The Court sustained the demurrer, and dismissed the complaint. Plaintiff appealed.

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Decided 1855-07-01

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Cited by 4 later decisions — most recently January 1910

4 state decisions

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Heydenfeldt, J., delivered the opinion of the Court.

¶1Murray, C. J., concurred.

¶2The Act to prevent extortion in office, Cod. Laws, 214, is not liable to objection on the ground of any conflict with the Constitution. The defendant may, by virtue of the last section of the Act, have a jury trial as well in that, as in any other action.

¶3Nor is the respondent’s objection well founded jo the Act regulating Fees in Office. It is not an Act of a general nature, within the meaning of the Constitution—it is entirely of a specific character.

¶4The demurrer ought to have been overruled.

¶5Judgment reversed, and cause remanded.