Lowrey v. Gridley
Supreme Court of Connecticut
Trespass qu. cl. fr. and de bonis asportatis; tried in the superior court, on an issue closed to the court, before Seymour, J. The defendant justified under a search warrant, issued by a justice of the peace, directing him to search the premises of the plaintiff described in the declaration, for certain liquors kept there by the plaintiff contrary to law.
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Trespass qu. cl. fr. and de bonis asportatis; tried in the superior court, on an issue closed to the court, before Seymour, J. The defendant justified under a search warrant, issued by a justice of the peace, directing him to search the premises of the plaintiff described in the declaration, for certain liquors kept there by the plaintiff contrary to law. The complaint, oath and warrant were in the following form:— To Sidney P. Burwell, Esq., a justice of the peace in the town of Bristol and county of Hartford ; the complaint of the undersigned, (of good moral character, resident in said…
1Opinion of the CourtDutton, J.
The defendant in an action of trespass has justified under a warrant, issued as is admitted in strict conformity with the provisions of the act of this state regarding the sale of spirituous liquors. The plaintiff denies the validity of the proceedings, upon the ground chiefly that the provisions of the statute regarding the issuing of warrants are unconstitutional. It always presents a subject of grave importance when the judiciary are called upon to declare the acts of the legislative department null and void. In the present instance the inquiry is peculiarly important, because a decision…
2Cases cited2 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Gray v. DavisSupreme Court of Connecticut · 1858
3Cited by25 opinions
- State v. BartonSupreme Court of Connecticut · 1991
- State v. LicariSupreme Court of Connecticut · 1965
- State v. PetersonWyoming Supreme Court · 1920
- Rose v. StateIndiana Supreme Court · 1909
- State v. DiazSupreme Court of Connecticut · 1993
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