Commonwealth v. Vincent
Massachusetts Supreme Judicial Court
Complaint to a trial justice in Dukes County on the St. oí 1869, o. 384, § 19, alleging that the defendant on March 6, 1871, at Tisbury, “ did unlawfully fish for and take in a certain pond, called Tisbury Great Pond, there situate, one hundred herring and one thousand smelt, the whole of said pond being then and there a place where fish, to wit, herring and smelt, were then and there lawfully cultivated and artificially maintained by Allen Look ” and other persons named, “…
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Complaint to a trial justice in Dukes County on the St. oí 1869, o. 384, § 19, alleging that the defendant on March 6, 1871, at Tisbury, “ did unlawfully fish for and take in a certain pond, called Tisbury Great Pond, there situate, one hundred herring and one thousand smelt, the whole of said pond being then and there a place where fish, to wit, herring and smelt, were then and there lawfully cultivated and artificially maintained by Allen Look ” and other persons named, “ he, the said Matthew Vincent, not having then and there permission from the said Allen . Look ” and his associates, “…
1Opinion of the CourtGbay, J.
The motion to quash, so far as it rests upon formal defects, cannot be entertained, because it was not made before the trial justice to whom the complaint was originally presented. St. 1864, c. 250, § 2. Commonwealth v. Walton, 11 Allen, 238. Commonwealth v. Norton, 13 Allen, 550.
The other questions presented by the report relate to the construction and effect of the St. of 1869, c. 384, and may be more conveniently approached by first stating a few general propositions of law, which were well established at the time of its passage.
The Body of Liberties, enacted by the general court of…
2Cases cited10 opinions
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Smith v. MarylandSupreme Court of the United States · 1855
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Commonwealth v. HiltonMassachusetts Supreme Judicial Court · 1899
- Bishop v. MahikoHawaii Supreme Court · 1940
25 more not listed; retrieve them via the Exa API.