Legal Opinion

Hussey v. Davis

Supreme Court of New Hampshire

Decided June 5, 1878PublishedCited by 5 opinions

Trespass, for breaking and entering the plaintiff’s house. The defendant justified as a deputy sheriff, executing a search-warrant.

1Opinion of the CourtDoe, C. J.

No search-warrant can bo lawfully issued but in cases and with the formalities prescribed by law. Bill of Rights, art. 19. The common law of search-warrants, affirmed in the Bill of Rights, is of extraordinary strictness. Cooley Const. Lim. 303; Cooley on Torts 295. The “ warrant shall require the officer” “ to make return of his proceedings thereon, with an inventory of such things sought as shall there be found, and of such things as, being liable to seizure, have been taken by him, and are in custody.” Gen. St., c. 237, s. 8. In this case, as the warrant did not require the officer to make…

2Cited by5 opinions

  1. State v. TuckerSupreme Court of New Hampshire · 1990
  2. State v. Spirituous LiquorsSupreme Court of New Hampshire · 1909
  3. Jones v. StateSupreme Court of Alabama · 1975
  4. Jones v. StateSupreme Court of Alabama · 1975
  5. Miguel v. AlvarezSupreme Court of Puerto Rico · 1937

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