Ex parte Wyles
This text of 1 Denio 658 (Ex parte Wyles) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The statute gives certain fees to a constable for serving a warrant, and for travelling to make such service. (2 R. S. 750, § 4.) But no fees are to be paid unless the warrant is actually served. The rule is probably without exception, that no fees are allowed to any officer for travelling in order to serve process unless the service is actually made. I think the principle is entirely settled, and it is moreover one of sound policy. It excites to vigilance and fidelity, whereas the opposite rule would afford a strong temptation to remissness and fraud.
Motion denied
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Cite This Page — Counsel Stack
1 Denio 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-wyles-nycterr-1845.