Legal Opinion

Commonwealth v. Reid

Massachusetts Supreme Judicial Court

Decided March 1, 1900PublishedCited by 18 opinions

Two complaints. The first complaint, under Pub. Sts. c. 68, § 16, alleged that the defendant, on July 21, 1898, at Boston, “ did go from place to place carrying and exposing for sale certain goods, wares, and merchandise, to wit, ice, without then and there having a license from the Secretary of said x Commonwealth so to do.”

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Two complaints. The first complaint, under Pub. Sts. c. 68, § 16, alleged that the defendant, on July 21, 1898, at Boston, “ did go from place to place carrying and exposing for sale certain goods, wares, and merchandise, to wit, ice, without then and there having a license from the Secretary of said x Commonwealth so to do.” The second complaint, under Rev. Ord. of Boston, of 1890, c. 43, § 35, alleged that the defendant, on July 21, 1898, at Boston, “did sell to the complainant in West Second street, near E street, a certain article to wit: a piece of ice, said complainant being then and…

1Opinion of the CourtLoring, J.

In the first of these cases the defendant is complained of for a violation of Pub. Sts. c. 68, § 16, in selling ice in a street in Boston without license from the Secretary of the Commonwealth.

The motion to quash was rightly overruled. It is too late to object in the Superior Court that a complaint originally filed in an inferior court is insufficient in form. Pub. Sts. c. 214, § 25. Commonwealth v. Doherty, 116 Mass. 13. Commonwealth v. Donahoe, 130 Mass. 280. The complaint in the case at bar follows the language of Pub. Sts. c. 68, § 16, and describes, certainly with substantial, if not…

2Cases cited6 opinions

  1. Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
  2. Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
  3. Commonwealth v. CrowellMassachusetts Supreme Judicial Court · 1892
  4. Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1874
  5. Commonwealth v. NewhallMassachusetts Supreme Judicial Court · 1895

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

3Cited by18 opinions

  1. Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
  2. Hall-Omar Baking Co. v. Commissioner of Labor & IndustriesMassachusetts Supreme Judicial Court · 1962
  3. Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938
  4. Commonwealth v. AnselvichMassachusetts Supreme Judicial Court · 1904
  5. Greene v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1914

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

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