Harrod v. Dismore
Harrod v. Dismore, Sheriff
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Elliott, J.
The appellant seeks by his complaint to enjoin the collection of a judgment rendered against him for violating the statute prohibiting the obstruction of public ditches.
The contention of counsel is that the statute requires that the defendant in such a prosecution shall be fined ten dollars, and that, as the fine imposed was only five dollars, the judgment is void. This contention can not prevail. The court had general jurisdiction of the subject, and its judgment, even if erroneous, can not be collaterally assailed. The error complained of would not avail in a direct attack, since the imposition of a less fine than the law requires in a case where the only punishment is a fine, is not prejudicial to the defendant. Nichols v. State, post, p. 406.
Judgment affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.