Massachusetts Supreme Judicial Court, 1870

Manuel v. Bates

Manuel v. Bates
Massachusetts Supreme Judicial Court · Decided March 15, 1870
104 Mass. 354

Counsel

H. F. Smith, for the defendants., D. C. Linscott, for the plaintiff, was not called upon.

Manuel v. Bates

Opinion of the Court

By the Court.

The certificate of the magistrate, that he is satisfied there is reasonable cause to believe that the charge made in the affidavit is true, is independent of the clause that follows it, and authorizes an arrest in the daytime. Such an arrest was made. Its construction is not varied by the clause that follows it, namely: “ and satisfactory cause having been shown, I hereby authorize the arrest of the said debtor, if his arrest is authorized by law, to be made after sunset.” The last clause is immaterial, there having been no arrest aftér sunset.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.