Gaw v. Ashley
Massachusetts Supreme Judicial Court
Petition, filed February 9,1907, by Cooper Gaw and Manuel V. Sylvia, appointed by the mayor of New Bedford under R. L. c. 75, § 9, members of the board of health of that city for a writ of mandamus ordering the mayor to restore them to their offices as members of that board from which they alleged that he had removed them without cause. The case came on to be heard before Rugg, J. upon the petition and answer and an agreed statement of facts.
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Petition, filed February 9,1907, by Cooper Gaw and Manuel V. Sylvia, appointed by the mayor of New Bedford under R. L. c. 75, § 9, members of the board of health of that city for a writ of mandamus ordering the mayor to restore them to their offices as members of that board from which they alleged that he had removed them without cause. The case came on to be heard before Rugg, J. upon the petition and answer and an agreed statement of facts. At the request of the parties the justice reserved it for determination by the full court, such order to be entered as law and justice might require.…
1Opinion of the Court
Knowlton, O. J.
This is a petition for a writ of mandamus to compel the respondent Ashley, as mayor of the city of New Bedford, to restore the petitioners to office as members of the board of health of that city, and to restrain the other two respondents from interfering with the petitioners in the performance of their duties as members of this board.
The petitioners, after due hearing, were removed from office by the mayor, for a cause which he stated as follows: “ Misuse of authority in the matter of an appointment of a subordinate and conduct in regard thereto prejudicial to the welfare of…
2Cases cited5 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
- Ayers v. HatchMassachusetts Supreme Judicial Court · 1900
- Hogan v. CollinsMassachusetts Supreme Judicial Court · 1903
3Cited by29 opinions
- Commonwealth Ex Rel. McCreary v. MajorSupreme Court of Pennsylvania · 1941
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Wood v. Town of WhitehallNew York Supreme Court · 1923
- Rinaldo v. School Committee of RevereMassachusetts Supreme Judicial Court · 1936
- Hetrich v. County CommissionersCourt of Appeals of Maryland · 1960
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