Johnson v. Griswold
Massachusetts Supreme Judicial Court
Tort, under Sts. 1889, c. 454, § 5, and 1894, c. 309, viding for the investigation of damages done by dogs and for prosecuting actions therefor.
Read the full summary
Tort, under Sts. 1889, c. 454, § 5, and 1894, c. 309, viding for the investigation of damages done by dogs and for prosecuting actions therefor. At the trial in the Superior Court, before Mason, C. J., it appeared by the records of the county commissioners that at a meeting of the board held on July 9, 1896, the following vote was passed: “ Voted, To appoint Henry J. Smead of Greenfield in our county of Franklin to act under the provisions of Chapter 454, Section 5, Statutes of 1889, in regard to investigating damages done by dogs and bringing actions for the same.” It did not appear by the…
1Opinion of the CourtMorton, J.
The sole question in this case is whether the resignation of Smead and its acceptance by the county commissioners could be shown by the oral testimony of Smead and the county commissioners, or only by the records of the commissioners.
There is nothing in the statute creating the office which requires that a resignation should be in writing, or should be accepted of record in so many words by the commissioners. In the absence of any statutory provisions in relation to the matter we are remitted to the common law, and at common law it is clear that a resignation in a form acceptable to the…
2Cases cited2 opinions
- Edwards v. United StatesSupreme Court of the United States · 1881
- The People v. . the Board of Metropolitan PoliceNew York Court of Appeals · 1863
3Cited by2 opinions
- Warner v. Selectmen of AmherstMassachusetts Supreme Judicial Court · 1950
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1958