Guenther v. Day

Massachusetts Supreme Judicial Court
Guenther v. Day, 72 Mass. 490 (Mass. 1856)
Shaw

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

Reference

Full Case Name
Louis Guenther v. Jonathan Day & others
Status
Published