Home/Massachusetts Supreme Judicial Court/Commonwealth v. Taber

Commonwealth v. Taber

123 Mass. 253, 1877 Mass. LEXIS 256
CourtMassachusetts Supreme Judicial Court
DecidedOctober 23, 1877
StatusPublished
Cited by13 cases

This text of 123 Mass. 253 (Commonwealth v. Taber) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Taber, 123 Mass. 253, 1877 Mass. LEXIS 256 (Mass. 1877).

Opinion

Gray, 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 tried, in a proceeding to which he was not a party. Milward v. Thatcher, 2 T. R. 81, 87. McGregor v. Balch, 14 Vt. 428. Coolidge v. Brigham, 1 Allen, 333. Sheehan's case, 122 Mass. 445.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Eychaner
73 P.2d 805 (New Mexico Supreme Court, 1937)
Commonwealth v. DiStasio
8 N.E.2d 923 (Massachusetts Supreme Judicial Court, 1937)
Commonwealth v. Coshnear
289 Mass. 516 (Massachusetts Supreme Judicial Court, 1935)
Ridout v. State
30 S.W.2d 255 (Tennessee Supreme Court, 1930)
Commonwealth v. Leach
246 Mass. 464 (Massachusetts Supreme Judicial Court, 1923)
State v. Blancett
174 P. 207 (New Mexico Supreme Court, 1918)
State ex rel. Sommers v. Dowell
95 S.E. 861 (West Virginia Supreme Court, 1918)
State v. Bednar
121 N.W. 614 (North Dakota Supreme Court, 1909)
Ball v. United States
140 U.S. 118 (Supreme Court, 1891)
Walcott v. Wells
24 P. 867 (Nevada Supreme Court, 1890)
Keith v. State
49 Ark. 439 (Supreme Court of Arkansas, 1887)
Smurr v. State
4 N.E. 445 (Indiana Supreme Court, 1886)
State v. Addotto
34 La. 1 (Supreme Court of Louisiana, 1882)

Cite This Page — Counsel Stack

Bluebook (online)
123 Mass. 253, 1877 Mass. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-taber-mass-1877.