Fitzgerald v. Lewis
Massachusetts Supreme Judicial Court
Three actions of tort, for assault and false imprisonment. The cases were tried together in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The defendants were police officers of the city of Springfield, and justified the arrest of the plaintiff under Pub.
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Three actions of tort, for assault and false imprisonment. The cases were tried together in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The defendants were police officers of the city of Springfield, and justified the arrest of the plaintiff under Pub. Sts. c. 203, §§ 99, 100, and St. 1890, c. 410. The plaintiffs were arrested without warrants, and confined in the lock-up several hours until released on bail, and complaints and warrants were issued against them on the next day within twenty-four hours, upon which all were subsequently tried…
1Opinion of the CourtField, C. J.
The first contention of the plaintiffs is that St. 1890, c. 410, is in effect a repeal of Pub. Sts. c. 203, § 99, and a substitution therefor of a new statute, and that Pub. Sts. c. 203, § 100, does not apply to the new statute. St. 1890, c. 410, begins as follows: “ Section ninety-nine of chapter two hundred and three of the Public Statutes is hereby amended so as to read as follows ”; and then follows a somewhat different provision from that contained in Pub. Sts. c. 203, § 99, but upon the same subject matter. This form of amendment is one often adopted by the Legislature, and the effect…
2Cases cited3 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1886
- Smith v. City of LowellMassachusetts Supreme Judicial Court · 1885
3Cited by23 opinions
- Commonwealth v. HoodMassachusetts Supreme Judicial Court · 1983
- Zygmuntowicz v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1922
- Der Minasian v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Montgomery Ward & Co. v. WicklineSupreme Court of Virginia · 1948
- Bauer v. MitchellMassachusetts Supreme Judicial Court · 1924
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