Legal Opinion

Commonwealth v. Fowler

Massachusetts Supreme Judicial Court

Decided September 15, 1813PublishedCited by 59 opinions

At the last April term in this county, the Solicitor-General filed the following information, viz.: — “ Be it remembered, that Daniel Davis, solicitor-general of said commonwealth, comes into Court, and brings with him into Court a certain order of the House of Representatives of said commonwealth. which is in these words following, that is to say: — . “In the House of Representatives, Feb. 4, 1813. “ Ordered that the attorney or solicitor-general of the commonwealth be…

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At the last April term in this county, the Solicitor-General filed the following information, viz.: — “ Be it remembered, that Daniel Davis, solicitor-general of said commonwealth, comes into Court, and brings with him into Court a certain order of the House of Representatives of said commonwealth. which is in these words following, that is to say: — . “In the House of Representatives, Feb. 4, 1813. “ Ordered that the attorney or solicitor-general of the commonwealth be requested to file informations in the nature of [ * 291 ] a * quo warranto, to know by what authority the Hon. Samuel Fowler…

1Opinion of the Court

By the Court.

The question before us is upon the sufficiency of the respondent’s plea in bar, in which he sets forth a commission issued by the governor of the commonwealth, bearing date the 20th of May, 1812. The act for erecting a number of "towns in the south part of the county of Hampshire into a separate county by the name of Hampden, passed the legislature on the 25th of February, 1812. But, by the last section of the act, its operation was suspended until the ] st day of August then next; no provision being made for the appointment of officers in the interim. We are all of opinion that…

2Cases cited1 opinion

  1. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812

3Cited by59 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  3. People v. CookNew York Supreme Court · 1852
  4. Wilcox v. SmithNew York Supreme Court · 1830
  5. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937

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