Cobb v. Lucas
Massachusetts Supreme Judicial Court
Petition for a certiorari to a justice of the peace, by whom the petitioner had been fined for neglecting to appear at a brigade review on October 9, 1828. At the trial before the justice it appeared, that the petitioner had been enrolled ever since 1823, in a company of militia in Middleborough, and had generally done duty in the company, as other privates.
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Petition for a certiorari to a justice of the peace, by whom the petitioner had been fined for neglecting to appear at a brigade review on October 9, 1828. At the trial before the justice it appeared, that the petitioner had been enrolled ever since 1823, in a company of militia in Middleborough, and had generally done duty in the company, as other privates. An order, dated October 1, 1828, signed by the captain, was produced, directed to the petitioner, requiring him to warn certain persons belonging to the company, to appear at the dwellinghouse of Ebenezer Fuller, in Halifax, at 6 A. M. on…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Morton J.
Certiorari is not like error, a writ which the party may demand ex debito justitice, but is grantable at the discretion of the Court. In the exercise of this discretion the *4Court will grant it whenever it appears that it is necessary tc due administration of justice.. But they will always ex- — amine the circumstances of the case, and if substantial justice appears to have been done, they will not grant the writ to enable the applicant to take advantage of formal and technical errors or immaterial and circumstantial mistakes. Ex…
2Cases cited4 opinions
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Ex parte WestonMassachusetts Supreme Judicial Court · 1814
- Commonwealth v. DouglasMassachusetts Supreme Judicial Court · 1820
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1814