Commonwealth v. Hawkes
Massachusetts Supreme Judicial Court
Information, filed July 9, 1877, by the attorney general in behalf of the Commonwealth, alleging that in the city of Lynn, in the county of Essex, there was and long had been established a police court; that said police court consisted of one standing justice and of two special justices; that on January 15, 1867, Nathan M. Hawkes of said Lynn was duly appointed and commissioned a special justice of said police court, and since said January 15 had acted as such special…
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Information, filed July 9, 1877, by the attorney general in behalf of the Commonwealth, alleging that in the city of Lynn, in the county of Essex, there was and long had been established a police court; that said police court consisted of one standing justice and of two special justices; that on January 15, 1867, Nathan M. Hawkes of said Lynn was duly appointed and commissioned a special justice of said police court, and since said January 15 had acted as such special justice ; that he was duly elected a member of the House of Representatives of the Commonwealth for the year 1877, and on…
1Opinion of the CourtGray, C. J.
The decision of this case depends upon the construction and effect of that provision of the eighth article of amendment of the Constitution of the Commonwealth, adopted by the people in 1821, which declares that “ no judge of any court of this Commonwealth (except the Court of Sessions) ” “ shall at the same time hold the office of Governor, Lieutenant Governor, or councillor, or have a seat in the Senate or House of Representatives of this Commonwealth.”
The Court of Sessions never had any jurisdiction of civil actions ; the criminal jurisdiction which it formerly had was transferred in 1804…
2Cases cited10 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Inhabitants of Hampshire v. Inhabitants of FranklinMassachusetts Supreme Judicial Court · 1819
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3Cited by19 opinions
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Smurr v. StateIndiana Supreme Court · 1886
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- Warner v. Selectmen of AmherstMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. AllenMassachusetts Supreme Judicial Court · 1880
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