Taylor v. County Commissioners of Worcester
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash proceedings of the county commissioners of Worcester laying out a highway in the towns of Holden and Princeton; heard by Morton, J., and reported for the consideration of the full court. The following are the material parts of the report': “ It appeared that in May 1866 certain citizens of Holden and Princeton presented a petition to the county commissioners to lay out and build a new county road in said towns.
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Petition for a writ of certiorari to quash proceedings of the county commissioners of Worcester laying out a highway in the towns of Holden and Princeton; heard by Morton, J., and reported for the consideration of the full court. The following are the material parts of the report': “ It appeared that in May 1866 certain citizens of Holden and Princeton presented a petition to the county commissioners to lay out and build a new county road in said towns. Upon this petition the county commissioners issued notices, held meetings, adjudicated that the common necessity and convenience required…
1Opinion of the CourtChapman, C. J.
As one of the county commissioners was a brother in law of Bullard, over whose land the highway was located, and who was entitled to damages, the proceeding waa coram non judice and utterly void, and no subsequent waiver, consent or release could render it valid. Hall v. Thayer, ante, 219. Writ of certiorari to issue.
2Cited by4 opinions
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- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Meyers v. ShieldsDistrict Court, N.D. Ohio · 1894
- McRea v. MerrifieldSupreme Court of Arkansas · 1886