Inhabitants of Brookline v. County Commissioners

That the action of the county commissioners in issuing a warrant for a jury is void, if the application therefor was presented after the time limited by law, is undoubtedly well settled. Cambridge v. County Commissioners, 6 Allen, 134, and cases cited. On behalf of the petitioners for the certiorari, it is contended that such application was here made too late. By the Gen. Sts. c. 43, § 73, it is provided that a person aggrieved by the laying out of a town way, or by the assessment of his damages, may have the matter of his complaint determined by a jury, which may be applied for at any time…