Noyes v. City Council
Massachusetts Supreme Judicial Court
Petition filed August 31, 1874, for a writ of certiorari, to quash an order of the city council of Springfield, passed July 20, 1874, lowering the grade of Chestnut Street at and near the crossing of the same by the Boston and Albany Railroad, and awarding damages to the abutters, of whom the petitioner was one.
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Petition filed August 31, 1874, for a writ of certiorari, to quash an order of the city council of Springfield, passed July 20, 1874, lowering the grade of Chestnut Street at and near the crossing of the same by the Boston and Albany Railroad, and awarding damages to the abutters, of whom the petitioner was one. The case was heard and reserved with that of Powers, ante, 84, and was substantially like that case, except that the only hearing upon the question of the assessment of damages, notice of which was served upon the petitioner, was before the board of public works, and prior to the…
1Opinion of the CourtGray, C. J.
This case differs from that of Powers v. City Council of Springfield, ante, 84, in an essential point. The order of the city council, lowering the grade of Chestnut Street, was not void, but voidable only, and cannot be avoided except by writ of certiorari, and upon the petition of a party entitled to relief. It appears by the report of the justice of this court before whom the case was heard, that this petitioner, with full knowledge of the proceedings before the city council and its order thereon, has allowed the work to proceed under that order so far, that it has been nearly completed,…
2Cases cited2 opinions
- Cabell v. Cabell's AdministratorCourt of Appeals of Kentucky · 1858
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
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