Smith v. Selectmen of Norwood

This petition for a writ of prohibition was heard upon the petition and answer,* it being agreed that all the facts set forth in the answer were true. It must be considered on that footing.

The ground of the petition is that the town of Norwood has attempted to take, for the purposes of a public way, land of the petitioner, by proceedings which are so defective as to amount to a nullity. These proceedings ended with a vote by the town on July 23, 1914. The respondents are the selectmen and the superintendent of construction of streets of that town. On June 1, 1915, the respondent selectmen…