Commonwealth v. Mullen
Massachusetts Supreme Judicial Court
Complaint, -for keeping and maintaining a tenement for the illegal keeping and sale of intoxicating liquors. At the trial in the Superior Court, before Sheldon, J., there was evidence tending to show that the building was two stories in height and had five rooms, that the defendant had lived in it for ten years, that it was from seven to ten feet above the ground and rested upon railroad sleepers, which were so arranged in cob-work style as to form six separate supports…
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Complaint, -for keeping and maintaining a tenement for the illegal keeping and sale of intoxicating liquors. At the trial in the Superior Court, before Sheldon, J., there was evidence tending to show that the building was two stories in height and had five rooms, that the defendant had lived in it for ten years, that it was from seven to ten feet above the ground and rested upon railroad sleepers, which were so arranged in cob-work style as to form six separate supports thereunder, that a chimney rested upon a flat stone lying on the ground, and that there were steps without risers from a…
1Opinion of the CourtMorton, J.
The exceptions do not state whether the defendant was or was not the owner in fee of the land on which the building stood. If she was such owner, the building could not be regarded as a fixture, but would pass by deed as a part of the realty, and was therefore, in the strict sense of the word, a tenement, or something which could be holden by tenure.
Even if personal property, it was occupied by the defendant as a dwelling, and in the modern use of the word was properly described as a tenement. Commonwealth v. McCaughey, 9 Gray, 296. Commonwealth v. Clynes, 150 Mass. 71. Dashwood v. Ayles, 16…
2Cases cited1 opinion
- Commonwealth v. ClynesMassachusetts Supreme Judicial Court · 1889
3Cited by1 opinion
- Reale v. Judges of the Superior CourtMassachusetts Supreme Judicial Court · 1928