Sandford v. Nichols
Massachusetts Supreme Judicial Court
Trespass, for breaking and entering the plaintiff’s dwellinghouse in Troy, in the county of Bristol, and taking and carrying away his goods, &c. Plea, not guilty, with liberty to give any special matter in evidence. Trial before the Chief Justice, at the last October term at Taunton.
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Trespass, for breaking and entering the plaintiff’s dwellinghouse in Troy, in the county of Bristol, and taking and carrying away his goods, &c. Plea, not guilty, with liberty to give any special matter in evidence. Trial before the Chief Justice, at the last October term at Taunton. The entry and taking the articles described in the declaration were admitted ; and the defence set up was, that the defendants, as inspectors of the revenue, having cause to suspect a concealment of goods which had been imported into the United States contrary to law, under a warrant from a justice of the peace,…
1Opinion of the CourtParker, C. J.
We think that the defendants could have justified the acts complained of by showing a regular warrant from a magistrate having jurisdiction over the subject; without showing that it was founded upon a complaint under oath. It will not do to require of executive officers, before they shall be held to obey precepts directed to them, that they shall have evidence of the regularity of the proceedings of the tribunal which commands the duty. Such a principle would put a stop to the execution of legal process ; as officers so situated would be necessarily obliged to judge for themselves, and would…
2Cited by42 opinions
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- State v. NejinSupreme Court of Louisiana · 1917
- Rodgers v. StateCourt of Appeals of Maryland · 1977
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