Walsworth v. Casassa
Massachusetts Supreme Judicial Court
Petition, filed on May 8,1914, by Roseoe Walsworth, alleging himself to be the town solicitor of the town of Revere, for a writ of mandamus addressed to Andrew A. Casassa and to the selectmen, the auditors and the members of "the committee on claims of that town, alleging that Mr. Casassa claimed to have been elected town solicitor under Article III of the by-laws of the town and that this article had been repealed, and praying that Mr. Casassa might be commanded to refrain…
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Petition, filed on May 8,1914, by Roseoe Walsworth, alleging himself to be the town solicitor of the town of Revere, for a writ of mandamus addressed to Andrew A. Casassa and to the selectmen, the auditors and the members of "the committee on claims of that town, alleging that Mr. Casassa claimed to have been elected town solicitor under Article III of the by-laws of the town and that this article had been repealed, and praying that Mr. Casassa might be commanded to refrain from attempting to perform the duties of town solicitor and deliver to the petitioner the key to the town solicitor’s…
1Opinion of the CourtRxjgg, C. J.
The question at issue is whether the petitioner is the town solicitor of the town of Revere. Its answer depends on the determination of an inquiry whether Article III of the bylaws of that town has been repealed. This in turn rests upon the decision whether in attempting such repeal there has been compliance with the requirements of Article XXI of the by-laws. That article is of this tenor: “No by-law in this code shall be repealed or amended, and no by-law shall be added thereto, unless such repeal, amendment or addition shall be adopted by two consecutive legally called Town Meetings, the…
2Cited by5 opinions
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Preston v. GillamSupreme Court of New Hampshire · 1962
- Blomquist v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1944
- Crowell v. Attorney GeneralMassachusetts Appeals Court · 1975