City of Worcester v. County Commissioners
Massachusetts Supreme Judicial Court
Petition, filed September 15,1896, for a writ of certiorari, to quash the proceedings of the county commissioners of the county of Worcester in undertaking to revise a refusal or neglect of the city council of the city of Worcester to lay out a public way.
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Petition, filed September 15,1896, for a writ of certiorari, to quash the proceedings of the county commissioners of the county of Worcester in undertaking to revise a refusal or neglect of the city council of the city of Worcester to lay out a public way. The respondents filed an answer in the nature of a demurrer, which averred that the allegations of fact contained in the petition were true, and that they had jurisdiction of the parties and the subject matter therein referred to, and that their action in the premises was warranted by law. Field, C. J. reserved the case, at the request of…
1Opinion of the CourtHolmes, J.
The question is whether the county commissioners had jurisdiction, and the answer depends on the construction of § 20 of the city charter, St. 1898, c. 444, entitled “An Act to revise the charter of the city of Worcester.-”
The section is as follows: “ The city council shall, subject always to the approval of the mayor, have exclusive authority and power to order the laying out, locating anew, and discontinuing of, and the making of specific repairs in, all streets and ways, and all highways within the limits of the city; to assess the damages sustained thereby by any person, and, except as…
2Cited by6 opinions
- Willcox v. HinesTennessee Supreme Court · 1898
- McKenna v. WhiteMassachusetts Supreme Judicial Court · 1934
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Webb Granite & Construction Co. v. City of WorcesterMassachusetts Supreme Judicial Court · 1905
- Judson & Little v. TuckerCourt of Appeals of Texas · 1913
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