Pinkham v. Inhabitants of Chelmsford
Massachusetts Supreme Judicial Court
The fjbst case was a petition to the county commissioners of Middlesex, filed October 11,1870, under the Gen. Sts. c. 38, | 39,* by the owner oí land in Chelmsford, on which a schoolhouse lot had been laid out by the selectmen.
Read the full summary
The fjbst case was a petition to the county commissioners of Middlesex, filed October 11,1870, under the Gen. Sts. c. 38, | 39,* by the owner oí land in Chelmsford, on which a schoolhouse lot had been laid out by the selectmen. At the trial before the sheriff’s jury, on December 6, 1870, the petitioner offered evidence tending to show that the location of the school-house should be changed to land of other persons ; but the sheriff refused to admit it, and ruled that the jury had no authority to change the location to land of any other person, or to find that the location should be changed…
1Opinion of the CourtAmes, J.
The rights of this petitioner depend upon the proper construction of the Gen. Sts. c. 38, § 39. His appeal is *228not from the vote of the town designating a portion of his land as a suitable place for a school-house, but from the decision of the selectmen under that vote, in the selection of the particular spot upon his land, and in their award of damages. His petition for a jury, without protest or notice of objection to the proceedings of the town, is a waiver of all objection to any irregularities in such proceedings, if any such irregularities occurred. Flagg v. Worcester, 8 Cush. 69.…
2Cases cited4 opinions
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
- Tharp v. Tharp's admr.Court of Appeals of Kentucky · 1860
- Wilson v. Inhabitants of BeverlyMassachusetts Supreme Judicial Court · 1869
3Cited by22 opinions
- Kornoff v. Kingsburg Cotton Oil Co.California Supreme Court · 1955
- Stockus v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Tigar v. Mystic River Bridge AuthorityMassachusetts Supreme Judicial Court · 1952
- Slater v. Shell Oil Co.California Court of Appeal · 1943
17 more not listed; retrieve them via the Exa API.