Pearce v. Atwood
Massachusetts Supreme Judicial Court
This was an action of trespass originally brought in the County of Hampden, of which the plaintiff is an inhabitant, for an assault and battery and imprisonment of the plaintiff, who alleged his damages at $ 500. The defendant pleaded the general issue, and filed a brief statement of his defence, pursuant to the statute of 1792, c. 41, setting forth, that one Jonathan Dwight, being a tythingman duly chosen and qualified in the town of Belchertoiun, in the County of…
Read the full summary
This was an action of trespass originally brought in the County of Hampden, of which the plaintiff is an inhabitant, for an assault and battery and imprisonment of the plaintiff, who alleged his damages at $ 500. The defendant pleaded the general issue, and filed a brief statement of his defence, pursuant to the statute of 1792, c. 41, setting forth, that one Jonathan Dwight, being a tythingman duly chosen and qualified in the town of Belchertoiun, in the County of Hampshire, and believing that the plaintiff had violated the laws made for the due observation of the Lord’s day, by riding at…
1Opinion of the CourtParker, C. J.
(After a brief recital of the facts from the report of the judge who sat at the trial.) A new trial is now moved for, on the ground, that the process under which the defendant justified, and which was rejected by the judge, ought to have been admitted in evidence, and that the facts set forth in the brief statement form a good and sufficient defence to the action.
Several exceptions were taken at the trial to the evidence offered, all of which were ruled in favor of the plaintiff; and, if any of them should now be deemed substantial, the verdict must stand, because one *275alone would be a…
2Cases cited1 opinion
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
3Cited by87 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Tumey v. OhioSupreme Court of the United States · 1927
- Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.Supreme Court of the United States · 1961
- Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
- Allen v. DuffieMichigan Supreme Court · 1880
82 more not listed; retrieve them via the Exa API.