Legal Opinion

Commonwealth v. McGarry

Massachusetts Supreme Judicial Court

Decided October 30, 1883PublishedCited by 5 opinions

Complaint to the Second District Court of Eastern Worcester, alleging that the defendant, on October 6,1882, at Clinton, kept intoxicating liquors with intent unlawfully to sell the same in this Commonwealth. At the trial in the Superior Court, before Barker, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtMorton, C. J.

The law does not require the selectmen of our towns to keep records of their proceedings, and does not provide for the appointment of a clerk who shall be sworn as clerk. It is convenient and probably common for boards of selectmen to keep minutes of their proceedings, but such minutes are not technically records, which, like public or judicial records, are independent and conclusive evidence of the facts therein stated.

In the case at bar, the government, in order to show a revocation of a license to sell intoxicating liquors issued to the defendant by the selectmen of Clinton, put in…

2Cases cited1 opinion

  1. Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875

3Cited by5 opinions

  1. Carbone, Inc. v. KellyMassachusetts Supreme Judicial Court · 1935
  2. Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
  3. Scullin v. Cities Service Oil Co.Massachusetts Supreme Judicial Court · 1939
  4. Franklin Savings Bank v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court · 1912
  5. Attorney General v. Eastern RailroadMassachusetts Supreme Judicial Court · 1884

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