Downing v. Porter
Massachusetts Supreme Judicial Court
Action of tort for breaking and entering the plaintiff’s close in Chicopee, and taking and carrying away a quantity of intoxicating liquors and the vessels containing the same.
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Action of tort for breaking and entering the plaintiff’s close in Chicopee, and taking and carrying away a quantity of intoxicating liquors and the vessels containing the same. The defendant Porter justified as a constable of Chicopee, and the other, defendants as his assistants, under a search warrant issued by the police court of Chicopee against the plaintiff, for a violation of St. 1855, c. 215, § 25. At the trial in the court of common pleas, the plaintiff objected to the legality of the warrant, upon several grounds, which are stated in the opinion of the court. Bishop, J. ruled that it…
1Opinion of the CourtDewey, J.
The questions particularly considered by the court in the present case arise upon the objections taken to the legality of the warrant under which the articles were seized by the defendant Porter as a constable of Chicopee.
1. It is objected to the warrant that it did not require or authorize a search to be made upon the premises upon which the officer entered. The ground of this objection arises from the supposed misdescription of the premises. In the complaint, which is upon the same paper as the warrant, and was put into the officer’s hands with the accompanying warrant, the property for…
2Cases cited1 opinion
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- State v. HesseSupreme Court of Minnesota · 1922
- Clement v. Two Barrels of WhiskeyAppellate Division of the Supreme Court of the State of New York · 1910