Inhabitants of Lancaster v. Pope
Massachusetts Supreme Judicial Court
This was a writ of error and certiorari to remove an order of the Court of Sessions for this county, establishing a highway, laid out by a committee of that court, in the town of Lancaster. The errors assigned were, first, (in substance,) that it does not appear that the inhabitants of the said town of Lancaster had notice of the laying out of the highway by the committee; and, secondly, the general error. The defendants pleaded in nullo est erratum.
1Opinion of the Court
Thacher, J.,
said that, in his opinion, the inhabitants of the town of Lancaster ought to have been notified by the committee of the time and place of their meeting to lay out the highway; and that this did not appear, by the record, to have been done. As, therefore, the first error was well assigned, the order of the Court of Sessions ought to be quashed.
Sedgwick, J.
It is impossible for me to entertain a doubt as to the law or justice of this case. By the process before the Court, the inhabitants of the town of Lancaster complain that the court below have established a road, in which that…
2Cited by6 opinions
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Castner & Hinckley v. SymondsSupreme Court of Minnesota · 1858
- Goodwin v. SmithSuperior Court of New Hampshire · 1827
- Clapp v. WatsonMassachusetts Supreme Judicial Court · 1829
- FinniganMassachusetts Land Court · 1902
1 more not listed; retrieve them via the Exa API.