Collins v. Mayor of Holyoke
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Holyoke, in assessing a proportionate part of the cost of a sewer in Lyman Street in that city.
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Petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Holyoke, in assessing a proportionate part of the cost of a sewer in Lyman Street in that city. The petition, and an amendment thereto, alleged that the mayor and aldermen, on March 24, 1885, adopted the following order: “ Ordered, That the committee on sewers and drains be hereby authorized and instructed to construct a trunk sewer as follows, viz. in Canal and Lyman Streets, commencing at the outlet under the second level canal, opposite the Winona Paper Company’s Mill, and terminating at the…
1Opinion of the CourtKnowlton, J.
In proceedings to obtain a writ of certiorari the burden is upon the petitioner to establish all the material allegations of his petition. In this case, which was reserved upon the petition and answer, we must hold, in accordance with the decision in Dickinson v. Worcester, 188 Mass. 555, that the statements in the defendant’s official answer are to be taken as true, not only in those parts which set out the record, and the acts of the board within its jurisdiction which do not appear in the record, but also in those which allege extraneous facts which might have been traversed, and perhaps…
2Cases cited6 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Fairbanks v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1882
- Dickinson v. City Council of WorcesterMassachusetts Supreme Judicial Court · 1885
- Taber v. City of New BedfordMassachusetts Supreme Judicial Court · 1883
- Allen v. City of CharlestownMassachusetts Supreme Judicial Court · 1872
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3Cited by25 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
- Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898
- City of Muskogee v. RamboSupreme Court of Oklahoma · 1914
20 more not listed; retrieve them via the Exa API.