Legal Opinion

Commonwealth v. Dextra

Massachusetts Supreme Judicial Court

Decided November 12, 1886PublishedCited by 21 opinions

Complaint to the Central District Court of Worcester, on the Pub. Sts. o. 98, § 2, alleging that the defendant, at Worcester, on July 25, 1886, the same being the Lord’s day, “ did unlawfully keep open his shop there situate, for the purpose of doing business therein, to wit, cutting hair and shaving beards, .... the same not being works of necessity or charity.”

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Complaint to the Central District Court of Worcester, on the Pub. Sts. o. 98, § 2, alleging that the defendant, at Worcester, on July 25, 1886, the same being the Lord’s day, “ did unlawfully keep open his shop there situate, for the purpose of doing business therein, to wit, cutting hair and shaving beards, .... the same not being works of necessity or charity.” At the trial in the Superior Court, before Blodgett, J., the government offered evidence tending to show, and the defendant admitted, that, on the day named in the complaint, he kept open his shop, as alleged therein, and shaved the…

1Opinion of the CourtGardner, J.

The laws of the Massachusetts Colony prohibited both the transaction of any business and the indulgence in diversions on the Lord’s day. See the revision of the Massachusetts Colony Laws in 1672, pp. 132, 134. ”

By the Prov. St. of 1692-3 (5 W. & M.) e. 22, § 6,1 Prov. Laws (State ed.) 59, the justices of the peace, constables, and tythingmen were to take effectual care and endeavor to restrain all persons from “keeping open their shops, o.r following their secular occasions or recreations in the evening preceding the Lord’s day, or on any part of the said day or evening.” The act made no…

2Cases cited2 opinions

  1. Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877
  2. Commonwealth v. NagleMassachusetts Supreme Judicial Court · 1875

3Cited by21 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.Supreme Court of the United States · 1961
  3. Commonwealth v. ChamberlainMassachusetts Supreme Judicial Court · 1961
  4. State v. SopherUtah Supreme Court · 1903
  5. Commonwealth v. ChernockMassachusetts Supreme Judicial Court · 1957

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