Wellington &c.
Massachusetts Supreme Judicial Court
The facts in this case were stated by Shaio C. J.,in delivering the opinion of the Court, as follows : This is a petition^ to this Court for a writ of mandamus to the county commissioners of this county, requiring them to proceed and determine, whether a certain highway and county road, prayed for by the petitioners or some of them, to be laid out over Cambridge common, be not of common convenience and necessity, and if found to be so, then requiring them to proceed and lay…
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The facts in this case were stated by Shaio C. J.,in delivering the opinion of the Court, as follows : This is a petition^ to this Court for a writ of mandamus to the county commissioners of this county, requiring them to proceed and determine, whether a certain highway and county road, prayed for by the petitioners or some of them, to be laid out over Cambridge common, be not of common convenience and necessity, and if found to be so, then requiring them to proceed and lay out the highway, according to the petition. The commissioners as parties adversely interested and opposing the petition,…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. In considering the question, whether the act passed June 5, 1830, providing for the enclosure and appropriation of Cambridge common is a constitutional act, having the force and effect of law, the delicacy and importance of the subject may render it not improper to repeat what has been so often suggested by courts of justice, that when called upon to pronounce the invalidity of an act of legislation passed with all the forms and solemnities requisite to give it the force of law, courts will approach the question with great caution, examine it in…
2Cases cited2 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
3Cited by21 opinions
- Rindge v. HolbrookSupreme Court of Connecticut · 1930
- St. George v. . HardieSupreme Court of North Carolina · 1908
- SCHOOL DISTRICTS'ALLIANCE v. StateWashington Supreme Court · 2010
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- State Ex Rel. Brassey v. HansonIdaho Supreme Court · 1959
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