Legal Opinion

Holbrook v. Holbrook

Massachusetts Supreme Judicial Court

Decided October 15, 1822PublishedCited by 1 opinion

This was an action of trespass de bonis asportatis, brought originally before Samuel J. Gardner, a justice of the peace for this county. The cause was tried upon the general issue before the justice, and judgment rendered in favor of the plaintiff. The defendants appealed, and on a trial upon the same issue in the. Circuit Court of Common Pleas, in 1821, a special verdict was returned.

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This was an action of trespass de bonis asportatis, brought originally before Samuel J. Gardner, a justice of the peace for this county. The cause was tried upon the general issue before the justice, and judgment rendered in favor of the plaintiff. The defendants appealed, and on a trial upon the same issue in the. Circuit Court of Common Pleas, in 1821, a special verdict was returned. The jury found, among other things, that the defendants were assessors of The First Parish in Braintree in the year 1819 ; that they assessed a parish tax for the same year, and assessed upon the plaintiff, for…

1Opinion of the Court

*256The opinion of the Court (Parker C. J. dissenting) xvas read at February term 1823, as drawn up by

Wilde J.

The error assigned in this case depends on the second section of the statute of 1811, c. 6. That this section is not repugnant to the principles of the constitution was determined in the case of Adams v. Howe & al., 14 Mass. Rep 340. Whether it is a wise and salutary provision or not is a question for the consideration of the legislature, and not within the province of this Court to determine. If the statute be constitutional, the Court have only to declare the law according to the…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Coburn v. RichardsonMassachusetts Supreme Judicial Court · 1819
  2. Whittemore v. SmithMassachusetts Supreme Judicial Court · 1821

3Cited by1 opinion

  1. In Re GrayUnited States Bankruptcy Court, D. Massachusetts · 2007

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