Dimick v. Barry
Massachusetts Supreme Judicial Court
Petition, filed on June 8,1911, for a writ of certiorari, directing the mayor and the members of the board of aldermen and of the common council of Cambridge to quash proceedings with regard to the laying out of an extension of Waverly Street from Erie Street to Pacific Street in that city. The case was reserved for the full court by Morton, J., upon the pleadings and an agreed statement of facts. The facts are stated in the opinion.
1Opinion of the CourtRugg, C. J.
The point to be decided is the validity of an order passed by each branch of the city council of Cambridge on June 7 and 8,1910, respectively, laying out a street. The city charter required that it be approved or vetoed by the mayor within ten days after it was presented to him. St. 1891, c. 364, § 11. The mayor was absent from his office continuously from May 6 to July 6, by reason of illness, and was unable to perform his duties. Under R. L. c. 26, §§ 29, 30, the president of the board of aider-men became “acting mayor,” and possessed “the powers of mayor only in matters not admitting of…
2Cases cited5 opinions
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1902
- Bowditch v. Superintendent of StreetsMassachusetts Supreme Judicial Court · 1897
- Galligan v. LeonardMassachusetts Supreme Judicial Court · 1910
- Farwell v. City of BostonMassachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Tuttle v. City of BostonMassachusetts Supreme Judicial Court · 1913