Commonwealth v. Burns

Massachusetts Supreme Judicial Court

Commonwealth v. Burns

74 Mass. 482

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1857

StatusPublished

This text of 74 Mass. 482 (Commonwealth v. Burns) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Burns, 74 Mass. 482 (Mass. 1857).

Pincite

Opinion

Dewey, J.

1. We see no ground for sustaining the exception that the sale would not be in violation of the St. of 1855, c. 215, if the payment was to be made at a future day, or the price charged in an account with the vendee.

2. But the motion in arrest of judgment must prevail. The jurisdiction, being wholly appellate, must appear upon the papers filed in the case. Among the necessary papers there must be a copy of the conviction, duly certified as a true copy by the magistrate. Rev. Sts. c. 138, § 2. No such certified copy is found in the papers returned to the court of common pleas in the present case. No judgment will therefore be entered upon the verdict; but the same will be set aside, and the case remitted to the court of common pleas for further proceedings, if the proper certified copies shall be filed in the case. Commonwealth v. Doty, 2 Met. 18. Exceptions sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

Dewey, J.

1. We see no ground for sustaining the exception that the sale would not be in violation of the St. of 1855, c. 215, if the payment was to be made at a future day, or the price charged in an account with the vendee.

2. But the motion in arrest of judgment must prevail. The jurisdiction, being wholly appellate, must appear upon the papers filed in the case. Among the necessary papers there must be a copy of the conviction, duly certified as a true copy by the magistrate. Rev. Sts. c. 138, § 2. No such certified copy is found in the papers returned to the court of common pleas in the present case. No judgment will therefore be entered upon the verdict; but the same will be set aside, and the case remitted to the court of common pleas for further proceedings, if the proper certified copies shall be filed in the case. Commonwealth v. Doty, 2 Met. 18. Exceptions sustained.

Cite This Page — Counsel Stack

Bluebook (online)

74 Mass. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-burns-mass-1857.