Legal Opinion

Leonard v. Inhabitants of Middleborough

Massachusetts Supreme Judicial Court

Decided March 6, 1908PublishedCited by 2 opinions

Petition, filed March 7, 1907, in the Superior Court for the county of Plymouth by ten taxable inhabitants of the town of Middleborough under E. L. c. 25, § 100, as stated in the opinion. The case was heard on agreed facts by Bell, J., who ordered the petition dismissed. The petitioners appealed and, at the request of the parties, the judge reported the case for consideration by this court. The facts are stated in the opinion.

1Opinion of the CourtMorton, J.

The town of Middleborough voted no license in regard to the sale of intoxicating liquors in the year 1903, and appropriated at the annual meeting in that year $500 to employ counsel and prosecute the illegal sale of intoxicating liquor in the town. One Greene, a special police officer, was duly appointed by the authorities of the town a committee to have charge of the money so appropriated. He and one Luippold, a constable of the town, arrested or caused to be arrested one O’Hara for illegally transporting intoxicating liquors into the town and for bringing intoxicating liquors into the town…

2Cases cited3 opinions

  1. Flood v. LeahyMassachusetts Supreme Judicial Court · 1903
  2. Dunn v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court · 1882
  3. Hixon v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1906

3Cited by2 opinions

  1. Ducey v. Inhabitants of WebsterMassachusetts Supreme Judicial Court · 1921
  2. Whelan v. Town of HinghamMassachusetts Supreme Judicial Court · 1965

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