Warren v. Doolittle
Court for the Trial of Impeachments and Correction of Errors
On error to the Supreme Court. The action was debt-originally brought by the defendants, against the plaintiffs in error, in the Court of Common Pleas of the County of Washington, in March term, 1817. The declaration was in debt for $100 ; for that whereas the plaintiffs below, being seized, There was a second count to the same effect, in substance for the purpose of the several questions raised in this court.
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On error to the Supreme Court. The action was debt-originally brought by the defendants, against the plaintiffs in error, in the Court of Common Pleas of the County of Washington, in March term, 1817. The declaration was in debt for $100 ; for that whereas the plaintiffs below, being seized, There was a second count to the same effect, in substance for the purpose of the several questions raised in this court. But it concluded “ contrary to the form of the statute in such case made and provided;” without referring to any statute more particularly. Plea, nil debent. The cause was continued on…
1Opinion of the Court
Golden, Senator.
(After considering, and expressing his opinion against the objections raised upon the bill of exceptions.) It is contended that there is error in the judgment, because it is against two defendants; whereas the statute is in the singular, and applies to one person only; its words being, “ if any person ” shall aid a tenant, <fcc.
We must interpret this statute according to its obvious meaning. It undoubtedly intended that all persons who should assist a tenant to defraud his landlord should be punished. It is not unusual in enactments of this kind to use the singular number, not…
2Cases cited1 opinion
- Newcomb v. ButterfieldNew York Supreme Court · 1811
3Cited by4 opinions
- Quimby v. CarterSupreme Judicial Court of Maine · 1841
- Marchand v. HaberNew York Supreme Court · 1896
- State v. NewtonSupreme Court of New Jersey · 1888
- Pressey v. WirthMassachusetts Supreme Judicial Court · 1861