O'Neill v. County of Worcester
Massachusetts Supreme Judicial Court
Contract for services as a dog constable of the city of Fitch-burg under R. L. c. 102, §§ 143,144, as amended by St. 1907, c. 240, and St. 1908, c. 182. Writ dated July 5,1910. The declaration as amended by substitution contained three counts, the first count on an account annexed for services as dog constable from October 1, 1908, to January 1, 1909, ninety-two days at the rate of $2.75 a day, $253, the second count on an account annexed for services as dog constable from…
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Contract for services as a dog constable of the city of Fitch-burg under R. L. c. 102, §§ 143,144, as amended by St. 1907, c. 240, and St. 1908, c. 182. Writ dated July 5,1910. The declaration as amended by substitution contained three counts, the first count on an account annexed for services as dog constable from October 1, 1908, to January 1, 1909, ninety-two days at the rate of $2.75 a day, $253, the second count on an account annexed for services as dog constable from January 1, 1909, to January 1, 1910, three hundred and sixty-one days at $2.75 a day, $992.75, and the third count, a…
1Opinion of the CourtSheldon, J.
1. Ho exception lies to the refusal of the judge to make particular findings of fact. Were this not so, the judge was not bound, even upon the plaintiff’s testimony and the evidence furnished by the entries in his books, to make the findings asked for, and the findings made were fully warranted by the testimony.
2. It was required by R. L. c. 102, § 143, that the plaintiff’s bill should be approved by the mayor of his city and should be paid from a certain fund. This approval was a condition precedent to payment. Without it the county treasurer had no authority to pay the bill It was the only…
2Cases cited1 opinion
- City of Haverhill v. City of MarlboroughMassachusetts Supreme Judicial Court · 1905
3Cited by5 opinions
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- Given v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Gordon v. HarrisMassachusetts Supreme Judicial Court · 1935
- City of Taunton v. County of BristolMassachusetts Supreme Judicial Court · 1913
- Vesprini v. DownesMassachusetts District Court, Appellate Division · 1958