Massachusetts Supreme Judicial Court, 1889

Commonwealth v. Moran

Massachusetts Supreme Judicial Court · Decided February 6, 1889

148 Mass. 453; 19 N.E. 554; 1889 Mass. LEXIS 291

Cases that cite this one

2 later published cases cite this decision.

Ensley ex rel. Brown v. State (Ind. 1909)
State ex rel. Noble v. City Council of Cheyenne (Wyo. 1898)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

The case of Commonwealth v. Welch, 144 Mass. 356, is decisive of the case before us. No license of the fourth class was issued to the defendant, signed by the mayor and city clerk; but, further, there was no effective vote of the board of aldermen granting such license. The board, by a vote, *455which has the effect of a standing rule, provided that no licenses should be granted unless six members of the board should assent thereto. This rule, while it is in force and acted upon, determines the effect of any vote upon granting a license, and if, as in the case before us, only four aldermen vote in favor of the applicant, a license is not granted. The ruling of the Superior Court was correct. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.