Commonwealth v. Justices of the Court of Sessions
Massachusetts Supreme Judicial Court
At the last March term in this county, a rule was made, on the motion of Alexander Glover and others, upon the justices of the Court of Sessions for this county, calling on them to show cause why a writ of mandamus should not issue, commanding them to allow and record a verdict found by a sheriff's jury, which had been impanelled on the application of the said Glover and others, complaining of the estimate made by a committee, of the damages the applicants had sustained by…
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At the last March term in this county, a rule was made, on the motion of Alexander Glover and others, upon the justices of the Court of Sessions for this county, calling on them to show cause why a writ of mandamus should not issue, commanding them to allow and record a verdict found by a sheriff's jury, which had been impanelled on the application of the said Glover and others, complaining of the estimate made by a committee, of the damages the applicants had sustained by the location of the Dorchester turnpike over their lands.
1Opinion of the Court
* Parsons, C. J.
With respect to the first cause [ * 436 J shown against issuing a mandamus, the statute of 1804,
c. 76., by which the Dorchester turnpike corporation was created, provides, among other things, that the corporation shall be liable to pay all damages which may arise to any person from taking his or her land for said road, to be estimated by a committee to be appointed by the Sessions, or agreed to by the parties, saving to either party the right of trial by jury, or by a new committee (if the parties consent thereto), according to the law which makes provision for the recovery of…
2Cited by39 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Wood v. StrotherCalifornia Supreme Court · 1888
- In re JohnNew York Supreme Court · 1839
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
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