Deehan v. Johnson
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, to compel the mayor of the city of Waltham to sign a license granted to the petitioner by the board of aldermen of Waltham, to be a common victualler. The case was heard upon petition and answer, and reserved, by W. Allen, J., for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
By the Pub. Sts. e. 102, § 2, the authority of the mayor and aldermen (that .is, the board of aldermen, by virtue of the St. of 1882, e. 164) to grant licenses to persons to be common victuallers is qualified by the succeeding provisions, that “ no such license shall be issued until it has been signed by *24the mayor,” &c., and that “ a mayor . . . may refuse to sign a license to a person who in his opinion has not complied with the provisions of this chapter; ” namely, that “ no common victualler’s license shall be granted or issued to any person, unless at the time of making application…
2Cases cited1 opinion
- Braconier v. PackardMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- McLean v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1913
- McMinn v. Mayor of CambridgeMassachusetts Supreme Judicial Court · 1916
- Berger v. DeloachCourt of Appeals of Texas · 1909