Berry v. Ripley
Massachusetts Supreme Judicial Court
Error from a judgment of the Court of Common Pleas in this county, rendered the third * Tuesday of [ * 168 J September last.
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Error from a judgment of the Court of Common Pleas in this county, rendered the third * Tuesday of [ * 168 J September last. The declaration was as follows, viz. • Scotto Berry was attached to answer to Nathaniel Ripley, who sues, as well for the county of Barnstable as for himself, in plea of debt, for that whereas, by a law of the commonwealth, entitled “An act describing the causes for which cattle may be impounded, the manner how they shall be proceeded with in such cases, and for preventing rescue and pound-breach,” in the - sivth section of said act, it is, among other things, enacted,…
1Opinion of the Court
The Court
(Strong, Sedgwick, and Thacher, justices) told the Solicitor-General he need not reply. They said the case was too plain to argue; that it was impossible to extend a penal statute, by implication, in the manner contended for, and unanimously reversed the judgment for the first error assigned. The Court gave no opinion as to any other error.
Judgment reversed.
(No costs allowed upon the writ of error, judgment being reversed for error in law.)
The entry of reversal was entered—“ And now, because it appears to the Court here that the said Nathaniel Ripley was not, by the said sixth…
2Cases cited2 opinions
- Brown v. ChaseMassachusetts Supreme Judicial Court · 1808
- Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806
3Cited by4 opinions
- State v. GauntOregon Supreme Court · 1885
- Lowenberg v. PeopleNew York Supreme Court · 1863
- Lowenberg v. . the PeopleNew York Court of Appeals · 1863
- Sullivan v. StevensMassachusetts District Court, Appellate Division · 1944