Commonwealth v. Lakeman

Massachusetts Supreme Judicial Court

Commonwealth v. Lakeman

58 Mass. 597

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1849

StatusPublished

This text of 58 Mass. 597 (Commonwealth v. Lakeman) 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. Lakeman, 58 Mass. 597 (Mass. 1849).

Pincite

Opinion

By the court.

The court are of opinion, that the direction to the jury was right, and that the defendant, as tenant in common of a barn floor, occupied by the complainant and himself, had no right to use force and violence, to prevent his co-tenant from entering the door, though it was for the declared purpose of removing the defendant’s wagon; and that such declared purpose afforded no justification for the assault.

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By the court.

The court are of opinion, that the direction to the jury was right, and that the defendant, as tenant in common of a barn floor, occupied by the complainant and himself, had no right to use force and violence, to prevent his co-tenant from entering the door, though it was for the declared purpose of removing the defendant’s wagon; and that such declared purpose afforded no justification for the assault.

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Bluebook (online)

58 Mass. 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lakeman-mass-1849.