Legal Opinion

Butler v. Directors of Port of Boston

Massachusetts Supreme Judicial Court

Decided September 16, 1915PublishedCited by 13 opinions

Petition, filed on February 18, 1915, for a writ of mandamus commanding the directors of the port of Boston to reinstate the petitioner as their mechanical foreman as of the date of August 5, 1914. The answer of the respondents incorporated a demurrer which stated as the first ground of demurrer that the petitioner alleged no facts entitling him to the relief which he sought.

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Petition, filed on February 18, 1915, for a writ of mandamus commanding the directors of the port of Boston to reinstate the petitioner as their mechanical foreman as of the date of August 5, 1914. The answer of the respondents incorporated a demurrer which stated as the first ground of demurrer that the petitioner alleged no facts entitling him to the relief which he sought. The case was heard by Crosby, J., who ordered that the demurrer be sustained on the first ground alleged therein and that the petition be dismissed; and, at the request of the petitioner assented to by the respondents,…

1Opinion of the CourtRugg, C. J.

This is a petition for a writ of mandamus. It was heard on a demurrer embodied in an answer. For the purposes of this discussion the facts well pleaded in the. petition must be assumed to be true. The substance of these,facts is that the petitioner in December, 1913, was appointed to the office of mechanical foreman by the directors of the port of Boston, a public board, in accordance with the law and. the regulations of the civil service commission. On August, 5, 1914, he received a letter from one Doherty, superintendent of Commonwealth Pier No. 5, purporting to suspend him from office, and…

2Cases cited4 opinions

  1. Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
  2. Gardner v. City of LowellMassachusetts Supreme Judicial Court · 1915
  3. Nichols v. RogersMassachusetts Supreme Judicial Court · 1885
  4. Sears v. Assessors of NahantMassachusetts Supreme Judicial Court · 1911

3Cited by13 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  3. City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
  4. Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
  5. Cosmopolitan Trust Co. v. S. L. Agoos Tanning Co.Massachusetts Supreme Judicial Court · 1923

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