Commonwealth v. Alden
Massachusetts Supreme Judicial Court
Complaint dated September 11,1885, on the Pub. Sts. c. 80, §21, by Phineas W, Eeccord, alleging that the defendant, at Fairhaven, on August 24, 1885, was duly served, personally, by one of the constables of Fairhaven, duly and legally authorized to serve the same, with an order in writing issued by the board of health of Fairhaven, directing the defendant at his own expense, within forty-eight hours from the date of the service of said order on him, to remove a certain…
Read the full summary
Complaint dated September 11,1885, on the Pub. Sts. c. 80, §21, by Phineas W, Eeccord, alleging that the defendant, at Fairhaven, on August 24, 1885, was duly served, personally, by one of the constables of Fairhaven, duly and legally authorized to serve the same, with an order in writing issued by the board of health of Fairhaven, directing the defendant at his own expense, within forty-eight hours from the date of the service of said order on him, to remove a certain nuisance, source of filth, and cause of sickness on his premises in said Fairhaven; and that the defendant neglected to…
1Opinion of the CourtMobton, C. J.
It is the duty of the hoard of health of a town to examine into all nuisances, sources of filth, and causes of sickness within its town, and it has authority to order the owner or occupant of any premises on which the same exists to remove it, after notice served upon such owner or occupant. The statute provides that such order shall be in writing, and may be “served by any person competent to serve a notice in a civil suit.” Pub. Sts. o. 80, §§ 18-22. It is not necessary that the notice should be served by an officer, though he may properly serve it. Notices in civil suits may often…
2Cited by7 opinions
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- Inhabitants of Belmont v. New England Brick Co.Massachusetts Supreme Judicial Court · 1906
- Stone v. HeathMassachusetts Supreme Judicial Court · 1901
- Boehm v. PhiladelphiaSuperior Court of Pennsylvania · 1915
- Inhabitants of Mansfield v. Atlantic Chemical Co.Massachusetts Supreme Judicial Court · 1921
2 more not listed; retrieve them via the Exa API.