Legal Opinion

Commonwealth v. Hayes

Massachusetts Supreme Judicial Court

Decided March 2, 1889PublishedCited by 6 opinions

Complaint on the Pub. Sts. c. 101, §§ 6, 7, for keeping a common nuisance from June '22 to August 28, 1888, in Randolph. At the trial in the Superior Court, before Sherman, J., the defendant admitted that he made sales of liquor during the time covered by the complaint, and that, unless the following facts constituted a defence, he was guilty as charged.

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Complaint on the Pub. Sts. c. 101, §§ 6, 7, for keeping a common nuisance from June '22 to August 28, 1888, in Randolph. At the trial in the Superior Court, before Sherman, J., the defendant admitted that he made sales of liquor during the time covered by the complaint, and that, unless the following facts constituted a defence, he was guilty as charged. In 1888 the town of Randolph, the population of which, as shown by the census of 1885, was three thousand eight hundred and seven, voted to grant licenses of the first five classes for the sale of intoxicating liquors. Fifteen licenses of the…

1Opinion of the CourtField, J.

It is conceded that the St. of 1888, c. 340, went into effect on June 14, 1888. Pub. Sts. c. 3, § l.† By the Pub. Sts. c. 100, § 5, a city at its annual municipal election, or a *34town at its annual meeting, may vote to authorize the granting of licenses for the sale of intoxicating liquors of the first five classes, and the licenses so granted “shall continue in force until the first day of the May next ensuing, unless sooner forfeited or rendered void.” By the St. of 1883, c. 93, the licensing board of any city or town may receive applications for licenses during the months of March and…

2Cases cited1 opinion

  1. Shallow v. City of SalemMassachusetts Supreme Judicial Court · 1883

3Cited by6 opinions

  1. Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
  2. Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
  3. Commonwealth v. HomerMassachusetts Supreme Judicial Court · 1891
  4. Crumlish v. Delaware Trust Co.Supreme Court of Delaware · 1946
  5. Swan v. SaylesMassachusetts Supreme Judicial Court · 1896

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