Commonwealth v. John Dowdican's Bail
Massachusetts Supreme Judicial Court
Conteact on four recognizances against Charles A. Peterson and William Child, bail of John Dowdican. The questions of law presented in each case being similar, they are reported together. Trial in the Superior Court, without a jury, before Put-Ham,, J., on agreed facts in substance as follows : The original action in which the first recognizance was given, was a complaint against John Dowdican, for maintaining a liquor nuisance.
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Conteact on four recognizances against Charles A. Peterson and William Child, bail of John Dowdican. The questions of law presented in each case being similar, they are reported together. Trial in the Superior Court, without a jury, before Put-Ham,, J., on agreed facts in substance as follows : The original action in which the first recognizance was given, was a complaint against John Dowdican, for maintaining a liquor nuisance. In this case, the following order was made April 24, 1868: “ Chapter 86 of General Statutes having been repealed, this case is now laid on file.” The case was…
1Opinion of the CourtGray, C. J.
The questions of law presented by the record in this action are not properly before us. The Superior Court has been authorized by the legislature to send up questions of law te this court in the form of a report, only in cases in which a, verdict has been, or, if the trial should be completed, would be, rendered *135When the case is submitted to the Superior Court on a waiver of a jury trial, on the award of an arbitrator, or on an agreed statement of facts, that court is required to hear and determine it; and the jurisdiction of this court is purely appellate, after a decision below, and not…
2Cases cited7 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1867
- Van Dyke v. StateSupreme Court of Alabama · 1853
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
- Brush v. RobbinsU.S. Circuit Court for the District of Michigan · 1844
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Ex Parte United StatesSupreme Court of the United States · 1916
- Commonwealth v. DelgadoMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. BiancoMassachusetts Supreme Judicial Court · 1983
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
83 more not listed; retrieve them via the Exa API.