Folsom v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari, to quash the proceedings of the respondents in laying out a town way in Winchester. Hearing before Knowlton, J., who, at the request of the petitioner, reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a petition for certiorari to quash proceedings by the respondents in laying out a town way in Winchester. The first objection is that the petition upon which the respondents acted was a petition for the laying out of a new way, and that under such a petition they could not lay out a way which should include a portion of an old way taken lengthwise ; that that could be done only under a prayer for an alteration. The facts are that the way laid out starts from what was called Highland Avenue at Mt. Vernon Street, and extends southerly for five thousand two hundred and sixty-three feet;…
2Cases cited2 opinions
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
- Inhabitants of Easthampton v. County Commissioners of HampshireMassachusetts Supreme Judicial Court · 1891
3Cited by4 opinions
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- Enzian, Et Ux. v. State Road DepartmentSupreme Court of Florida · 1936
- Lewis v. BunnellIndiana Supreme Court · 1921
- Denman v. County of BarnstableMassachusetts Supreme Judicial Court · 1963