Manuel v. Bates

Massachusetts Supreme Judicial Court

Manuel v. Bates

104 Mass. 354

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1870

StatusPublished

Cited by1 cases

This text of 104 Mass. 354 (Manuel v. Bates) 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

Manuel v. Bates, 104 Mass. 354 (Mass. 1870).

Pincite

Opinion

By the Court.

The certificate of the magistrate, that he is satisfied there is reasonable cause to believe that the charge made in the affidavit is true, is independent of the clause that follows it, and authorizes an arrest in the daytime. Such an arrest was made. Its construction is not varied by the clause that follows it, namely: “ and satisfactory cause having been shown, I hereby authorize the arrest of the said debtor, if his arrest is authorized by law, to be made after sunset.” The last clause is immaterial, there having been no arrest aftér sunset.

Exceptions overruled.

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By the Court.

The certificate of the magistrate, that he is satisfied there is reasonable cause to believe that the charge made in the affidavit is true, is independent of the clause that follows it, and authorizes an arrest in the daytime. Such an arrest was made. Its construction is not varied by the clause that follows it, namely: “ and satisfactory cause having been shown, I hereby authorize the arrest of the said debtor, if his arrest is authorized by law, to be made after sunset.” The last clause is immaterial, there having been no arrest aftér sunset.

Exceptions overruled.

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Bluebook (online)

104 Mass. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-v-bates-mass-1870.

Opinion

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