Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the South Boston District, by James F. Babcock, milk-inspector of the city of Boston, alleging that, on July 18, 1885, the defendant “ did wilfully and maliciously hinder, obstruct, and interfere with John Killeen, of said Boston, in the performance of his duty as the assistant to the said Babcock, milk-inspector, he, the said Killeen, being then and there the duly appointed agent of the said Babcock to take samples of milk for analysis,…
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Complaint to the Municipal Court of the South Boston District, by James F. Babcock, milk-inspector of the city of Boston, alleging that, on July 18, 1885, the defendant “ did wilfully and maliciously hinder, obstruct, and interfere with John Killeen, of said Boston, in the performance of his duty as the assistant to the said Babcock, milk-inspector, he, the said Killeen, being then and there the duly appointed agent of the said Babcock to take samples of milk for analysis, and he, said Smith, then and there well knowing the said Killeen to be the agent of the said Babcock.” Trial in the…
1Opinion of the CourtField, J.
By the Pub. Sts. e. 57, § 1, “the mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of milk for their respective places, who shall be sworn before entering upon the duties of their office,” and each inspector is required to publish or post up a notice of his appointment. Such inspectors are therefore sworn public officers, known to the public.
Section 2 is as follows: “ Such inspectors shall keep an office and books for the purpose of recording the names and places of business of all persons engaged in the sale of milk…
2Cases cited3 opinions
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1884
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- Naill v. StateCourt of Criminal Appeals of Texas · 1910
- Lower v. StateNebraska Supreme Court · 1921
- Sheils v. CommonwealthMassachusetts Supreme Judicial Court · 1940
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