Legal Opinion

Commonwealth v. Higgins

Massachusetts Supreme Judicial Court

Decided November 30, 1931PublishedCited by 18 opinions

1Opinion of the CourtRugg, C.J.

The single question presented on this report is whether § 59A, inserted in G. L. c. 131, by St. 1930, c. 428, is constitutional or whether it violates art. 1 of the Declaration of Rights of the Constitution, namely, the right “of acquiring, possessing, and protecting property.” Said § 59A was an initiative measure approved by the voters at the State election of 1930 and printed on page 4 of the Acts and Resolves of 1931. It is now § 105A of G. L. c. 131, by virtue of St. 1931, c. 426, § 242. Its words are: “Whoever uses, sets or maintains any trap or other device for the capture of…

2Cases cited21 opinions

  1. Lawton v. SteeleSupreme Court of the United States · 1894
  2. Middleton v. Texas Power & Light Co.Supreme Court of the United States · 1919
  3. Brett v. Building CommissionerMassachusetts Supreme Judicial Court · 1924
  4. Spector v. Building InspectorMassachusetts Supreme Judicial Court · 1924
  5. Barrett v. . State of New YorkNew York Court of Appeals · 1917

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3Cited by18 opinions

  1. Bowe v. Secretary of CommonwealthMassachusetts Supreme Judicial Court · 1946
  2. Massachusetts Teachers Ass'n v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1981
  3. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
  4. Hayes v. City of BrocktonMassachusetts Supreme Judicial Court · 1943
  5. Janusis v. LongMassachusetts Supreme Judicial Court · 1933

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

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