Legal Opinion

Weymouth & Braintree Fire District v. County Commissioners

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 22 opinions

Petition for a writ of certiorari to be directed to the county commissioners of Norfolk, ordering them to return into this court the record of their proceedings in apportioning the debt and dividing the property of the petitioners.

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Petition for a writ of certiorari to be directed to the county commissioners of Norfolk, ordering them to return into this court the record of their proceedings in apportioning the debt and dividing the property of the petitioners. The following case was reserved by Morton, J., on the pleadings and agreed facts, for the decision of the full court: The petitioners were incorporated by the St. of 1846, c. 118, as a fire district in Weymouth and Braintree, composed of portions of those towns. On January 25, 1869, the inhabitants of the district residing in Braintree, being legal voters in the…

1Opinion of the CourtChapman, C. J.

The petitioners were incorporated as a fire district, in Weymouth and Braintree, by the St. of 1846, c. 118, and were duly organized and have for many years acted as such fire district. . The St. of 1868, e. 346, provides that fire districts formed of portions of more than one town may be dissolved in the manner therein stated. The petitioners contend that the latter act, if applicable to them, is unconstitutional, inoperative and void. But under the act first mentioned, the district became a municipal corporation, with limited powers, for a special purpose. There can be no doubt that the…

2Cited by22 opinions

  1. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  2. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
  3. Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919
  4. KingmanMassachusetts Supreme Judicial Court · 1891
  5. Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893

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