Knowles v. Davis
Massachusetts Supreme Judicial Court
Tort against a justice of the peace, for causing the plaintiff to be arrested and brought before him for examination, on a complaint under St. 1846, c. 244, concerning hawkers and peddlers, and requiring him to recognize with sureties to appear at the next term of the court of common pleas, and, in the mean time, to keep the peace, and be of good behavior.
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Tort against a justice of the peace, for causing the plaintiff to be arrested and brought before him for examination, on a complaint under St. 1846, c. 244, concerning hawkers and peddlers, and requiring him to recognize with sureties to appear at the next term of the court of common pleas, and, in the mean time, to keep the peace, and be of good behavior. There was no evidence of malice, and Morton, J. ruled that, as the proceedings before the defendant were regular in form, the action could not be sustained, and a verdict was returned for the defendant The plaintiff alleged exceptions.
1Opinion of the CourtDewey, J.
The questions arising in the present case are twofold : 1. Whether the defendant had any jurisdiction over the subject matter of the complaint presented to him against the plaintiff, charging him with selling goods in the town of Gloucester without license, in violation of St. 1846, c. 244, concerning hawkers and peddlers; 2. Whether there was not an excess of his jurisdiction in requiring the plaintiff not only to give a recognizance with sureties to appear at the next term of the court of common pleas for said county, but also to recognize that in the mean time he would keep the peace and…
2Cases cited5 opinions
- Commonwealth v. LeachMassachusetts Supreme Judicial Court · 1804
- Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. OtisMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1810