Metcalf v. Weed
Supreme Court of New Hampshire
Trespass quare clausum. Plea, the general issue, with a brief statement alleging that the acts complained of were done by the defendant as a deputy sheriff in the service of a search-warrant. Facts found by the court.
Read the full summary
Trespass quare clausum. Plea, the general issue, with a brief statement alleging that the acts complained of were done by the defendant as a deputy sheriff in the service of a search-warrant. Facts found by the court. Upon a complaint charging Parker Metcalf (the plaintiff’s husband) with keeping spirituous liquors for sale, and alleging that the complainant has “ probable cause to believe and does believe that certain spirituous and intoxicating liquors, viz., rum, whiskey, gin, and brandy, and ale, and certain casks, jugs, bottles, measures,, and other things adapted for the illegal keeping…
1Opinion of the CourtCarpenter, J.
A description which identifies with reasonable certainty the place or places to be searched is sufficient. G. L., c. 255, s. 1; Bill of Rights, art. 19 ; Com. v. Intoxicating Liquors, 97 Mass. 334; Com. v. Same, 113 Mass. 208, 209; State v. Whiskey, 54 N. H. 164. The description of the place as “ the premises now occupied by Parker Metcalf situated in Haverhill ” is not upon its face insufficient. It is a question of fact, determinable at the trial term, whether it designates the place with reasonable certainty. The question is similar to that which arises under G. L., c. 75, s. 7, requiring…
2Cases cited3 opinions
- Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1873
3Cited by16 opinions
- United States v. BorkowskiDistrict Court, S.D. Ohio · 1920
- McGinnis v. United StatesCourt of Appeals for the First Circuit · 1955
- State v. BrochuSupreme Judicial Court of Maine · 1967
- State v. DanielsSupreme Court of New Jersey · 1966
- United States v. Eli GusanCourt of Appeals for the Seventh Circuit · 1977
11 more not listed; retrieve them via the Exa API.