Guenther v. Day

Massachusetts Supreme Judicial Court

Guenther v. Day

72 Mass. 490

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1856

StatusPublished

This text of 72 Mass. 490 (Guenther v. Day) 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

Guenther v. Day, 72 Mass. 490 (Mass. 1856).

Pincite

Opinion

Shaw, C. J.

The statutes require the complaint to be fully set xorth in the warrant. Sts. 1855, c. 215, § 25 ; c. 397, § 1. It [491]*491is not so set forth in this warrant; the complainants are nowhere named, and of course the order in the warrant to summon “ the complainants” not named, to testify, is inoperative and void; and therefore the warrant is erroneous, and affords no justification to the defendants. Judgment for the plaintiff

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Shaw, C. J.

The statutes require the complaint to be fully set xorth in the warrant. Sts. 1855, c. 215, § 25 ; c. 397, § 1. It [491]*491is not so set forth in this warrant; the complainants are nowhere named, and of course the order in the warrant to summon “ the complainants” not named, to testify, is inoperative and void; and therefore the warrant is erroneous, and affords no justification to the defendants. Judgment for the plaintiff

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Bluebook (online)

72 Mass. 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guenther-v-day-mass-1856.