Brewer v. Casey
Massachusetts Supreme Judicial Court
Tort for assault and false imprisonment. Writ in the Superior Court for the county of Berkshire dated August 14,1905. There was a trial before Crosby, J., at which it appeared that the defendant as judge of the Police Court of Lee, without first complying with the requirements of R. L. c. 168, § 81, committed the plaintiff to imprisonment at hard labor in the house of correction for failure to obey an order made under § 80 of that chapter.
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Tort for assault and false imprisonment. Writ in the Superior Court for the county of Berkshire dated August 14,1905. There was a trial before Crosby, J., at which it appeared that the defendant as judge of the Police Court of Lee, without first complying with the requirements of R. L. c. 168, § 81, committed the plaintiff to imprisonment at hard labor in the house of correction for failure to obey an order made under § 80 of that chapter. The clerk of the court, one Wilson, made out the commitment papers. There was evidence that the plaintiff retained Messrs. Joyner and Whiting, of Great…
1Opinion of the CourtBraley, J.
Under R. L. c. 168, §§ 80, 81, the power conferred upon police, district and municipal courts to commit a debtor for contempt if he fails to comply with a valid order for the payment of the debt is analogous to that exercised by a court of equity, which may enforce its decrees by imprisonment of- the *387contemner in the common jail. B. L. c. 166, § 13. Hurley v. Commonwealth, 188 Mass. 443, 448. The only recital relating to the plaintiff’s cause of action in the bill of exceptions is, that upon his failure to comply with an order of the police court made under the statute, he was adjudged guilty…
2Cases cited15 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Hurley v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- State Ex Rel. Cox v. Maryland Electric Railways Co.Court of Appeals of Maryland · 1915
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