Legal Opinion

Wetherbee v. Johnson

Massachusetts Supreme Judicial Court

Decided October 15, 1817PublishedCited by 13 opinions

This was an action of trespass against Johnson and three others, for taking and carrying away from the possession of the plaintiff certain goods and chattels, et alla enormia, &c.

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This was an action of trespass against Johnson and three others, for taking and carrying away from the possession of the plaintiff certain goods and chattels, et alla enormia, &c. The defendants pleaded the general issue severally, Johnson reserving liberty to give evidence in justification of the act complained of, as an inspector of the customs for the district of Boston and Charlestown, and claiming to act under the authority of a statute of the United States, passed March 3, 1815, entitled ‘‘An Act further to provide for the collection of duties on imports and tonnage,” which prescribes…

1Opinion of the Court

The opinion of the Court was delivered at this term by

Parker, C. J.

An appeal from a judgment of the supreme tribunal of the state to an inferior tribunal of the United States would be an anomaly in judicial proceedings; and no such process has ever been supposed to exist, before the passing of the act on which * this appeal is claimed, which was during the pendency of this action. But as the act expressly provides such a remedy, for a party supposing himself aggrieved, by a judgment in a suit commenced against him, for any act done by him under color of his office, as inspector or other…

2Cited by13 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. Howes Bros. v. Unemployment Compensation CommissionMassachusetts Supreme Judicial Court · 1936
  3. Bryant v. RichMassachusetts Supreme Judicial Court · 1870
  4. State v. GerrySupreme Court of New Hampshire · 1896
  5. Brown v. DesmondMassachusetts Supreme Judicial Court · 1868

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