Inhabitants of Tewksbury v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the county commissioners in discontinuing a certain way in Tewksbury called Gray Street.
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Petition for a writ of certiorari to quash the proceedings of the county commissioners in discontinuing a certain way in Tewksbury called Gray Street. The petition alleged that the said way was a town way and not a highway; that there had been no application to or refusal by the town to discontinue the same ; that the commissioners had no jurisdiction to discontinue the way; and that for these reasons and others assigned in the petition as apparent upon the records, copies of which were annexed, the proceedings of the commissioners should be quashed; and prayed for an injunction restraining…
1Opinion of the CourtMorton, J.
This case is not properly before us. In Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206, the cases upon the subject are reviewed, and the proper proceedings under a petition for a writ of certiorari considered. In that case it is said, “ a writ of certiorari (when not used as ancillary to any other process) is in the nature of a writ of error, addressed to an inferior court or tribunal whose procedure is not according to the course of common law. After the writ has been issued and the record certified in obedience to it, the court is bound to determine, upon an…
2Cases cited1 opinion
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
3Cited by29 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
- Morley v. Police CommissionerMassachusetts Supreme Judicial Court · 1927
- Morrissey v. State Ballot Law CommissionMassachusetts Supreme Judicial Court · 1942
- Rines v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1953
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