Commonwealth v. Heare

Massachusetts Supreme Judicial Court

Commonwealth v. Heare

2 Mass. 102

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1806

StatusPublished

This text of 2 Mass. 102 (Commonwealth v. Heare) 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. Heare, 2 Mass. 102 (Mass. 1806).

Pincite

Opinion

The opinion of the Court was afterwards delivered by

Parsons, C. J.

It is not necessary for the Court to form any opinion as to the first exception taken to the proceedings of the Court of Common Pleas by the counsel for the government; because we are satisfied that the second exception is fatal. The location of the gate, as described in the record, cannot, upon any [102]*102just construction we are able to give the words, be considered as an execution of the power granted to the justices of the Common Pleas by the statute establishing this turnpike. And a new trial is not granted.

The Attorney-General (Sullivan) and Ives for the commonwealth. Hulbert for the defendant.

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The opinion of the Court was afterwards delivered by

Parsons, C. J.

It is not necessary for the Court to form any opinion as to the first exception taken to the proceedings of the Court of Common Pleas by the counsel for the government; because we are satisfied that the second exception is fatal. The location of the gate, as described in the record, cannot, upon any [102]*102just construction we are able to give the words, be considered as an execution of the power granted to the justices of the Common Pleas by the statute establishing this turnpike. And a new trial is not granted.

The Attorney-General (Sullivan) and Ives for the commonwealth. Hulbert for the defendant.

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Bluebook (online)

2 Mass. 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-heare-mass-1806.