Legal Opinion

Answer of the Justices to the House of Representatives

Massachusetts Supreme Judicial Court

Decided May 14, 1877PublishedCited by 20 opinions

On May 8,1877, the following order was passed by the House of Representatives, and on May 10 transmitted by the Speaker to the Justices of the Supreme Judicial Court, who on May 14 returned the subjoined answer. Ordered, that the opinion of the Justices of the Supreme Judicial Court be requested upon the following questions of law, viz.: First.

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On May 8,1877, the following order was passed by the House of Representatives, and on May 10 transmitted by the Speaker to the Justices of the Supreme Judicial Court, who on May 14 returned the subjoined answer. Ordered, that the opinion of the Justices of the Supreme Judicial Court be requested upon the following questions of law, viz.: First. Is a special justice of a municipal, district or police court such a judge as the eighth article of amendment to the Constitution declares shall not have a seat in the House of Representatives ? Second. If the first question is answered in the…

1Opinion of the Court

The undersigned, Justices of the Supreme Judicial Court, having taken into consideration the order passed by the Honorable House of Representatives on the eighth, and transmitted to them on the tenth day of the present month, respectfully submit the following answer:

The eighth article of amendment of the Constitution of the Commonwealth 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…

2Cited by20 opinions

  1. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  2. In Re Opinions of the JusticesSupreme Court of Alabama · 1923
  3. Opinion of the Justices to the Senate & House of RepresentativesMassachusetts Supreme Judicial Court · 1781
  4. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
  5. Answer of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1889

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