Legal Opinion

Commonwealth v. McIvor

Massachusetts Supreme Judicial Court

Decided January 21, 1875Published

Complaint to the Police Court of Hew Bedford, alleging the keeping and maintaining of a tenement used for the illegal sale and illegal keeping of intoxicating liquors on January 1, 1873, “ and on divers other days and times between that day and the day of the date of receiving this complaint.” The jurat on the complaint was as follows: “ Bristol, ss. Received and sworn to the sixteenth day of May, in the year of our Lord eighteen hundred and seventy-four, before me, Chas.

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Complaint to the Police Court of Hew Bedford, alleging the keeping and maintaining of a tenement used for the illegal sale and illegal keeping of intoxicating liquors on January 1, 1873, “ and on divers other days and times between that day and the day of the date of receiving this complaint.” The jurat on the complaint was as follows: “ Bristol, ss. Received and sworn to the sixteenth day of May, in the year of our Lord eighteen hundred and seventy-four, before me, Chas. H. Sanford, Justice of the Peace.” That part of the record of judgment of conviction in the Police Court, which set forth…

1Opinion of the CourtEndicott, J.

The complaint charges the offence of maintaining a common nuisance on January 1 and on divers other days and times between that day and the day of the date of receiving the complaint. The day of receiving is made certain by the jurat attached to the complaint, which shows it to have been on May 16; in the same manner as the time of finding an indictment may be shown by the indorsement of the clerk, which is a part of the record of proceedings. Commonwealth v. Stone, 3 Gray, 453. Commonwealth v. Walton, 11 Allen, 238. The paper called the record, and which is part of the proceedings sent from…

2Cases cited1 opinion

  1. Commonwealth v. CheneyMassachusetts Supreme Judicial Court · 1871

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