Legal Opinion

Commonwealth v. Taber

Massachusetts Supreme Judicial Court

Decided October 23, 1877PublishedCited by 13 opinions

Complaint to the Third District Court of Bristol, charging the defendant with keeping intoxicating liquors with intent to sell uhe same, in violation of law.

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Complaint to the Third District Court of Bristol, charging the defendant with keeping intoxicating liquors with intent to sell uhe same, in violation of law. In the Superior Court, on appeal, before the jury were empanelled, the defendant filed a plea in bar, alleging that the complaint was received, heard and tried before Alanson Borden, esquire, who at the time of said trial was then and there mayor of the city of New Bedford, and was then and there the judge of the Third District Court of Bristol; and that, by the Constitution and laws of the Commonwealth and the ordinances of the city of…

1Opinion of the CourtGray, C. J.

The competency of the magistrate, before whom this prosecution was commenced, is not objected to on account of any disqualification by reason of personal interest in the pause, as in Richardson v. Welcome, 6 Cush. 331, but upon the ground that, holding the executive office of mayor of the city of New Bedford, he could not at the same time exercise judicial power as a judge within the same territory. As, upon the allegations of the plea, he was at least a judge defacto, his jurisdiction could not be controverted upon this ground, nor the question whether the two offices were incompatible be…

2Cases cited2 opinions

  1. Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
  2. McGregor v. BalchSupreme Court of Vermont · 1842

3Cited by13 opinions

  1. Ball v. United StatesSupreme Court of the United States · 1891
  2. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  3. Smurr v. StateIndiana Supreme Court · 1886
  4. Walcott v. WellsNevada Supreme Court · 1890
  5. Ridout v. StateTennessee Supreme Court · 1930

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