Guenther v. Day
72 Mass. 490
| Mass. | 1856
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