Pickford v. Mayor & Aldermen of Lynn
Massachusetts Supreme Judicial Court
Petition by the owner of land abutting on Munroe Street in Lynn for a writ of certiorari to quash proceedings of the respondents had for the purpose of widening the street and laying it out as a public way. At the hearing, before Foster, J., these facts appeared: Munroe Street in Lynn, which was opened in 1843 as a private way, in 1853 was graded and ever afterwards repaired by the city, but not accepted as a public way until as hereafter recited.
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Petition by the owner of land abutting on Munroe Street in Lynn for a writ of certiorari to quash proceedings of the respondents had for the purpose of widening the street and laying it out as a public way. At the hearing, before Foster, J., these facts appeared: Munroe Street in Lynn, which was opened in 1843 as a private way, in 1853 was graded and ever afterwards repaired by the city, but not accepted as a public way until as hereafter recited. On February 5,1866, several persons, Francis L. Proctor among them, petitioned the mayor and aldermen to widen the street by taking five feet of…
1Opinion of the CourtWells, J.
The first objection alleged against the legality of the proceedings of the mayor and aldermen is, that the petitioner was not notified of their intention to lay out the street. It appears that no formal notice was served upon her, and she had no actual notice of the intended laying out of the street. Bui *496it also appears that she acquired her title after the commencement of the proceedings; that the mayor and aldermen had no knowledge of this change of title ; that Tolman, her father, purchased the land for her, had charge of it, and “ was her full agent in respect thereto ; ” and that Tolman…
2Cited by18 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Whitney v. Judge of the District CourtMassachusetts Supreme Judicial Court · 1930
- Pitman v. City of MedfordMassachusetts Supreme Judicial Court · 1942
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
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