Fisher v. McGirr
Massachusetts Supreme Judicial Court
Fisher sued McGirr, a constable of Sandwich, and two others, in an action of tort, at the last September term of the court of common pleas for the county of Barnstable, for forcibly entering nis dwelling-house, and searching the same, and taking and carrying away a quantity of brandy and other spirituous liquors, with the uarrels, demijohns, jugs and bottles, in which they were contained, the property of the plaintiff.
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Fisher sued McGirr, a constable of Sandwich, and two others, in an action of tort, at the last September term of the court of common pleas for the county of Barnstable, for forcibly entering nis dwelling-house, and searching the same, and taking and carrying away a quantity of brandy and other spirituous liquors, with the uarrels, demijohns, jugs and bottles, in which they were contained, the property of the plaintiff. The defendants, in their answer, admitted the entry, search, taking and carrying away, as alleged in the declaration, and averred that they had a right, and were bound in law,…
1Opinion of the CourtShaw, C. J.
Many exceptions were taken in these cases to the course of proceedings under the statute of 1852, c. 322, concerning the manufacture and sale of spirituous or intoxicating liquors; but the one which surpasses all others in importance, and which, if well taken, supersedes all others, is, that all that part of that statute, directing the seizure and confiscation of liquors kept or deposited for sale, is unconstitutional and void. We suppose the principle is now well understood, that where a statute has been passed by the legislature, under all the forms and sanctions requisite to the making of…
2Cases cited2 opinions
- United States v. Grundy and ThornburghSupreme Court of the United States · 1806
- Lovett v. CornwellNew York Supreme Court · 1831
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