Pratt v. Gardner
Massachusetts Supreme Judicial Court
This was an action on the case, in which the plaintift declared as follows : — “ For that the defendant, on the fourth day of May, in the year eighteen hundred and forty-seven, at Wales, in our said county of Hampden, was one of our justices of the peace, for our said county, and did then and there wilfully and maliciously issue, under his hand and seal of his said office, a criminal warrant against the plaintiff, directed to the sheriff of our said county, his deputy, or to…
Read the full summary
This was an action on the case, in which the plaintift declared as follows : — “ For that the defendant, on the fourth day of May, in the year eighteen hundred and forty-seven, at Wales, in our said county of Hampden, was one of our justices of the peace, for our said county, and did then and there wilfully and maliciously issue, under his hand and seal of his said office, a criminal warrant against the plaintiff, directed to the sheriff of our said county, his deputy, or to the constable of the town of Holland, in said county, commanding either of them to apprehend the said Pratt, and bring…
1Opinion of the CourtShaw, C. J.
This cause has not been retained under advisement, because the court entertained any doubt how it must be decided; but presenting, as it does, a question of great importance to the administration of justice, we desired to examine some of the authorities cited in the argument, and we have since had no favorable opportunity to recur to it till recently. The action, we believe, is of the first impression in this commonwealth, and there is certainly no precedent for maintaining it. The considerations against sustaining it are so numerous and decisive, that the difficulty seems to lie in selecting…
2Cases cited4 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Cunningham v. BucklinNew York Supreme Court · 1828
- Mather v. HoodNew York Supreme Court · 1811
3Cited by4 opinions
- Filarsky v. DeliaSupreme Court of the United States · 2012
- Richards v. EllisSupreme Judicial Court of Maine · 1967
- Filarsky v. DeliaSupreme Court of the United States · 2012
- Filarsky v. DeliaSupreme Court of the United States · 2012