Inhabitants of Adams
Massachusetts Supreme Judicial Court
This petition was presented at this term, setting forth, that at the recent term of this Court in Berkshire, the inhabitants of the town of Adams presented a petition, in which they stated that the county commissioners, in September 1829, established alterations in a certain county road in that town ; that in July 1830, the commissioners issued notice to the inhabitants of that town to work the road as so altered, and to have ^e same completed by the last Tuesday of…
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This petition was presented at this term, setting forth, that at the recent term of this Court in Berkshire, the inhabitants of the town of Adams presented a petition, in which they stated that the county commissioners, in September 1829, established alterations in a certain county road in that town ; that in July 1830, the commissioners issued notice to the inhabitants of that town to work the road as so altered, and to have ^e same completed by the last Tuesday of September 1830 ; and that there were certain errors in these proceedings ; wherefore the petitioners prayed for a writ of…
1Per curiam
This application cannot be granted. If county commissioners proceed to construct a road, after notice of the pendency of a petition for a certiorari on account of error in their previous proceedings, and it shall ultimately be determined that such previous proceedings were erroneous and ought to be quashed, they will have acted at their peril. It is manifest that a tax laid upon the county to pay the expenses so incurred will be illegal, and that after such complaint, petition and notice, the town cannot be held chargeable for any expenses incurred under proceedings so adjudged to be…
2Cases cited3 opinions
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Case v. ShepherdNew York Supreme Court · 1800
- Brown v. HerronSupreme Court of Pennsylvania · 1808