Massachusetts Supreme Judicial Court, 1856

Guenther v. Day

Guenther v. Day
Massachusetts Supreme Judicial Court · Decided September 15, 1856 · Shaw
72 Mass. 490

Guenther v. Day

Opinion of the Court

Shaw, C. J.

The statutes require the complaint to be fully set xorth in the warrant. Sts. 1855, c. 215, § 25 ; c. 397, § 1. It *491is not so set forth in this warrant; the complainants are nowhere named, and of course the order in the warrant to summon “ the complainants” not named, to testify, is inoperative and void; and therefore the warrant is erroneous, and affords no justification to the defendants. Judgment for the plaintiff

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