Braconier v. Packard
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, to compel the mayor of the city of Brockton to sign a license for the sale of intoxicating liquors, granted to the petitioner by the board of aldermen of Brockton. Hearing before Field, J., who reported, for the consideration of the full court, the following case. The petitioner was a druggist and apothecary, having a place of business in that part of Brockton known as Campello, on the east side of Main Street, in Keith’s Block.
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Petition for a writ of mandamus, to compel the mayor of the city of Brockton to sign a license for the sale of intoxicating liquors, granted to the petitioner by the board of aldermen of Brockton. Hearing before Field, J., who reported, for the consideration of the full court, the following case. The petitioner was a druggist and apothecary, having a place of business in that part of Brockton known as Campello, on the east side of Main Street, in Keith’s Block. He had a druggist’s sign in front of the shop occupied by him in the block, the shop being the third from the corner of Main Street…
1Opinion of the CourtMorton, C. J.
It is provided by the Pub. Sts. c. 100, § 5, that, in cities, licenses to sell intoxicating liquor “may be granted annually by the mayor and aldermen,” and that every license shall be signed by the mayor and by the clerk of the city by which it is issued. The St. of 1882, c. 164, provides that, “in all laws relating to cities, the words mayor and aldermen shall, unless provision is or shall be otherwise made, be construed to mean board of aldermen.”
By these statutes, the responsibility of granting or refusing licenses is cast upon the board of aldermen; and the mayor, in signing the licenses,…
2Cases cited1 opinion
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
3Cited by14 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913
- Eastern Massachusetts Street Railway Co. v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1941
- McLeod v. ScottOregon Supreme Court · 1891
- Larcom v. OlinMassachusetts Supreme Judicial Court · 1893
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