Legal Opinion

Blake v. County Commissioners

Massachusetts Supreme Judicial Court

Decided January 15, 1874PublishedCited by 6 opinions

Petition for a writ of certiorari to quash the proceedings of the county commissioners, in locating a highway over the petitioner’s land.

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Petition for a writ of certiorari to quash the proceedings of the county commissioners, in locating a highway over the petitioner’s land. The petition alleged that a petition of the town of Brookline signed by its selectmen, and two other petitions signed each by inhabitants of the town, were presented to the county commissioners, requesting them to locate anew the highway called Washington Street; that the town did not, but that the other petitioners did give recognizances for the payment of costs ; that the petitioner appeared and remonstrated against the relocation of the highway, but…

1Opinion of the CourtDevens, J.

The interviews of Mr. Aspinwall with one or more of the commissioners, which are alleged as one of the grounds for this petition, and which took place subsequently to the hearing in reference to the proposed widening of Washington Street, were of questionable propriety. It is important that contested matters upon which any tribunal is to pass should not in any way be made the subject of conversation, except in the presence of all parties to the controversy. If we were left in doubt as to whether the judgment of the commissioners was in any way affected by them we might feel it our duty to…

2Cases cited1 opinion

  1. Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868

3Cited by6 opinions

  1. Sears v. Mayor & Aldermen of WorcesterMassachusetts Supreme Judicial Court · 1902
  2. Gilkey v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1886
  3. State ex rel. Curtis v. Town Board of GenevaWisconsin Supreme Court · 1900
  4. Inhabitants of Watertown v. County Commissioners of MiddlesexMassachusetts Supreme Judicial Court · 1900
  5. L'Homme v. Town of WinchendonMassachusetts Supreme Judicial Court · 1934

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