Legal Opinion

Commonwealth v. McGann

Massachusetts Supreme Judicial Court

Decided January 2, 1913PublishedCited by 20 opinions

Complaint, received and sworn to in the Fourth District Court of Eastern Middlesex on May 15, 1912, charging the defendants with setting up and promoting an exhibition and public show at Woburn on May 7, 9, 11 and 14, 1912, without being licensed to do so. The case went by appeal to the Superior Court.

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Complaint, received and sworn to in the Fourth District Court of Eastern Middlesex on May 15, 1912, charging the defendants with setting up and promoting an exhibition and public show at Woburn on May 7, 9, 11 and 14, 1912, without being licensed to do so. The case went by appeal to the Superior Court. In that court the defendants filed a plea in bar, alleging that they were the lessees of a building in Woburn known as the Lyceum Hall Theatre, which had been licensed by the chief of the district police under St. 1904, c. 450, § 2, [St. 1905, c. 342, § 1,] on August 1, 1911, for a period of…

1Opinion of the CourtLosing, J.

1. The effect of St. 1904, c. 450, was to require in towns and in cities other than Boston two licenses for a theatrical entertainment. One, to be issued by the chief of the district police, had to do with the safety of the public who attended *215the performance. The other, to be issued under R. L. c. 102, § 172, by the selectmen or the mayor and aldermen (later under St. 1905, c. 341, by the mayor alone), had to do with the morals of - the public who attended. Before the enactment of that act (St. 1904, c. 450), one license covering both aspects was to be issued by the mayor and aldermen or by…

2Cases cited13 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  3. Dailey v. Superior CourtCalifornia Supreme Court · 1896
  4. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895
  5. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909

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

3Cited by20 opinions

  1. Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
  2. McMurdo v. GetterMassachusetts Supreme Judicial Court · 1937
  3. Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
  4. Butler v. Town of East BridgewaterMassachusetts Supreme Judicial Court · 1953
  5. LaPointe v. License Board of WorcesterMassachusetts Supreme Judicial Court · 1983

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

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