Guenther v. Day

Court: Massachusetts Supreme Judicial Court
Date filed: 1856-09-15
Citations: 72 Mass. 490
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Lead Opinion
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

Page 491
is 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