Fowler v. Bebee
Massachusetts Supreme Judicial Court
The original writ in this case was dated August 17, 1812, was served on the same day by Rodney Day, as a deputy sheriff of the county of Hampden, and was returnable to the Common Pleas for that county on the fifth Monday of August last.
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The original writ in this case was dated August 17, 1812, was served on the same day by Rodney Day, as a deputy sheriff of the county of Hampden, and was returnable to the Common Pleas for that county on the fifth Monday of August last. At the return term, after oyer had of the writ and return, the defendants pleaded in abatement, that by the statute of 1811, c. 137, for erecting the county of Hampden, it was among other things provided, that the said law should take effect, and be in force, from and after the 1st day of August, then next ensuing; that long before that day, viz., on the 23d…
1Opinion of the CourtParsons, C. J.
The question, which, by the plea before us, we *213are called on to decide in this action, is, whether the service of the original writ by Rodney Ray was legal.
That Jonathan Smith, Jun., is sheriff of the county of Hampden defacto, is very certain; but whether he is sheriff c'e jute, is the question made by the defendants.
Mr. Smith is no party to this record, nor can he be legally heard in the discussion of this plea; although our decision would as effectually decide on his title to the office, * as if he were a This would be a man unheard, contrary to natural equity, and the policy of the law.…
2Cases cited1 opinion
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
3Cited by107 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Ball v. United StatesSupreme Court of the United States · 1891
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. CookNew York Supreme Court · 1852
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