Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
Complaint by Daniel W. Hammond to the Police Court of Haverhill, for an unlawful sale of intoxicating liquors at Haverhill, on December 26,1887. In the Superior Court, on appeal, before the jury was impanelled, the defendant moved to quash the complaint for the following reasons: “1. Because the complainant therein, Daniel W. Hammond, is not the mayor or one of the board of aider-men of the city of Haverhill. 2. Because said complaint is not sworn out by, nor is it on the…
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Complaint by Daniel W. Hammond to the Police Court of Haverhill, for an unlawful sale of intoxicating liquors at Haverhill, on December 26,1887. In the Superior Court, on appeal, before the jury was impanelled, the defendant moved to quash the complaint for the following reasons: “1. Because the complainant therein, Daniel W. Hammond, is not the mayor or one of the board of aider-men of the city of Haverhill. 2. Because said complaint is not sworn out by, nor is it on the face of it prosecuted by, the mayor and aldermen of said city of Haverhill, or either of them. 3. Because it does not…
1Opinion of the Court
By the Court.
The provision of c. 100, § 18, of the Public Statutes, that “the mayor and aldermen of cities and the selectmen of towns shall prosecute to final judgment all violations of this section,” was intended to impose a duty upon the officers named. It is directory only, and does not exclude the right of any other citizen to enter complaints for a violation of the law.
Fxeeptions overruled.
2Cited by5 opinions
- State v. ScampiniSupreme Court of Vermont · 1904
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. McDonnellMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1900