Legal Opinion

Parker v. Inhabitants of Framingham

Massachusetts Supreme Judicial Court

Decided October 15, 1844PublishedCited by 1 opinion

This was a proceeding upon a petition for a jury to assess the damages sustained by the petitioners, in conséquence of the laying out of a town way. The county commissioners issued a warrant for a jury, and directed it to the sheriff, who caused a jury to be empannelled.

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This was a proceeding upon a petition for a jury to assess the damages sustained by the petitioners, in conséquence of the laying out of a town way. The county commissioners issued a warrant for a jury, and directed it to the sheriff, who caused a jury to be empannelled. “ On the hearing before the jury, the following facts were proved or admitted: The land taken for said town way was formerly a part of the Worcester Turnpike, which was laid out in 1808, and was discontinued by the legislature in September 1841. Said turnpike was laid out four rods in width, passing through the village in…

1Opinion of the CourtShaw, C. J.

A preliminary question was made, whether this case rightly comes before this court by appeal, it being a judgment of the court of common pleas, setting aside the verdict of a sheriff’s jury, by which damages had been awarded to the com plainants, on laying out a town way. The court are of opinion that this was a judgment of the court of common pleas, founded on matter of law apparent on the record, and therefore that it is within the provision of St. 1840, c. 87, § 5, allowing an appeal. It is not within the spirit or meaning of <§> 4, prohibiting an appeal from a judgment of the court of…

2Cases cited3 opinions

  1. Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
  2. Chiles v. DrakeCourt of Appeals of Kentucky · 1859
  3. M'Fadden v. OtisMassachusetts Supreme Judicial Court · 1810

3Cited by1 opinion

  1. Carroll v. AsburySuperior Court of Pennsylvania · 1905

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