Legal Opinion

Sackett v. Ruder

Massachusetts Supreme Judicial Court

Decided October 25, 1890PublishedCited by 12 opinions

Tort on tlie Pub. Sts. c. 100, § 25. Tbe declaration was in ten counts, the first six and the tenth for selling or delivering intoxicating liquors to Rufus W. Sackett, the father of the plaintiff, on particular days specified,' or during periods including those days, between February 26,1889, and December 5,1889, and the remaining counts for permitting him to loiter on the defendant’s premises during successive periods between the same dates.

Read the full summary

Tort on tlie Pub. Sts. c. 100, § 25. Tbe declaration was in ten counts, the first six and the tenth for selling or delivering intoxicating liquors to Rufus W. Sackett, the father of the plaintiff, on particular days specified,' or during periods including those days, between February 26,1889, and December 5,1889, and the remaining counts for permitting him to loiter on the defendant’s premises during successive periods between the same dates. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The case came on to be tried on Monday, June…

1Opinion of the CourtField, C. J.

At the common law, no peremptory challenges to jurors were allowed in civil actions, and in criminal cases where such challenges were allowed, the right of challenge must be exercised before the juror was sworn. Stone v. Segur, 11 Allen, 568. Creed v. Fisher, 9 Exch. 472. Regina v. Frost, 9 C. & P. 129, 137. Regina v. Key, 3 C. & K. 371; S. C. 2 Den. C. C. 346.

The statutes in force here on this subject when the present case was tried were the Pub. Sts. c. 170, §§ 33-39, and c. 214, §§ 5 and 6. The first clause of c. 170, § 36, is as follows : “ In all cases, civil or criminal, either party…

2Cases cited4 opinions

  1. O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
  2. Kennedy v. SaundersMassachusetts Supreme Judicial Court · 1886
  3. Tate v. DonovanMassachusetts Supreme Judicial Court · 1887
  4. Taylor v. CarrollMassachusetts Supreme Judicial Court · 1887

3Cited by12 opinions

  1. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  2. Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
  3. Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
  4. People v. CurranIllinois Supreme Court · 1918
  5. Kabatchnick v. Hanover-Elm Building Corp.Massachusetts Supreme Judicial Court · 1954

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API