Legal Opinion

Alger v. Seaver

Massachusetts Supreme Judicial Court

Decided January 9, 1885PublishedCited by 15 opinions

Petition, by members of the board of aldermen of the city of Taunton, for a writ of mandamus, to compel the marshal of said city to station a police officer at East Taunton, in accordance with the requirements of an order passed by said board. Hearing before Field, J., who reported the case for the determination of the full court. The facts appear in the opinion.

1Opinion of the CourtDevens, J.

If we assume, without discussing, the position of the petitioners, that the order upon which the petition is founded is valid, and that they may maintain, without the intervention of the Attorney General, upon a proper case made and against a proper party, a petition for a writ of mandamus, we are of opinion that the writ should not issue.

The controversy as to whether a police officer shall be stationed at East Taunton, which has been deemed to be of sufficient importance to be brought before us by an application for this high prerogative writ, is one between the mayor and the aldermen of…

2Cases cited2 opinions

  1. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Murphy v. WebsterMassachusetts Supreme Judicial Court · 1881

3Cited by15 opinions

  1. Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
  2. Beem v. DavisIdaho Supreme Court · 1918
  3. Harris v. StateTennessee Supreme Court · 1896
  4. Sinclair v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1908
  5. Stretch v. TimiltyMassachusetts Supreme Judicial Court · 1941

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