Doty v. Lyman
Massachusetts Supreme Judicial Court
Thebe petitions, for writs of mandamus to compel the respondent, in his capacity of mayor, to execute certain orders passed by the board of aldermen of the city of Waltham, and alleged to be in full force and effect at the time of the bringing of the petitions.
Read the full summary
Thebe petitions, for writs of mandamus to compel the respondent, in his capacity of mayor, to execute certain orders passed by the board of aldermen of the city of Waltham, and alleged to be in full force and effect at the time of the bringing of the petitions. The first petition related to an order for the construction of a concrete sidewalk of given dimensions; the second, to an order laying out and ordering the construction of a new street to be called Fiske Street; and the third, to an order appropriating $1,750 for repairs on Oak Street, so called, all in said city. It appeared that each…
1Opinion of the CourtKnowlton, J.
The St. 1893, c. 361, is the charter of the city of Waltham, and § 24 of this chapter is as follows: “ The board of aldermen shall, subject always to the approval of the mayor, have exclusive authority and power to order the laying out, locating anew, and discontinuing of and making of specific repairs in all streets and ways and all highways within the limits of the city; to assess the damage sustained thereby by any person, and, except as herein otherwise provided, to act in matters relating to such laying out, locating anew, altering, discontinuing, or repairing. Any person aggrieved by…
2Cited by5 opinions
- Sinclair v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1908
- Slocum v. City of MedfordMassachusetts Supreme Judicial Court · 1939
- Bidwell v. McCuenSupreme Court of Iowa · 1918
- Jewett v. Mayor of MedfordMassachusetts Supreme Judicial Court · 1919
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937