Legal Opinion
Byfield v. City of Newton
Massachusetts Supreme Judicial Court
Decided November 28, 1923PublishedCited by 73 opinions
1Opinion of the CourtRugg, C.J.
This is a petition for a writ of certiorari to quash proceedings of the board of aldermen of Newton in adopting and causing to be recorded an order purporting to take by eminent domain land of the petitioner and of other owners.
The city of Newton is joined improperly as a party respondent. “ A writ of certiorari (when not used as ancillary to any other process) is in the nature of a writ of error, addressed to an inferior court or tribunal whose procedure is not according to the course of the common law.” Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206, 212.
The…
2Cases cited45 opinions
- Jones v. City of PortlandSupreme Court of the United States · 1917
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
40 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Whitney v. Judge of the District CourtMassachusetts Supreme Judicial Court · 1930
- Veal v. LeimkuehlerMissouri Court of Appeals · 1952
68 more not listed; retrieve them via the Exa API.