Day v. Hulburt
Massachusetts Supreme Judicial Court
Julius Day and. twelve others presented to the court of common pleas, at June term 1843, a representation and petition, in substance as follows: That at the February term of «aid court, in 1842, Asaph Hulburt and others presented to said court a petition, representing themselves to be proprietors of certain (described) meadow or low land, in West Springfield, which it would be useful to drain, by opening a ditch upon and across the same, and praying the court, after duo…
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Julius Day and. twelve others presented to the court of common pleas, at June term 1843, a representation and petition, in substance as follows: That at the February term of «aid court, in 1842, Asaph Hulburt and others presented to said court a petition, representing themselves to be proprietors of certain (described) meadow or low land, in West Springfield, which it would be useful to drain, by opening a ditch upon and across the same, and praying the court, after duo proceedings had, to appoint three commissioners for that purpose, according to the provisions of 115th chapter of the…
1Opinion of the CourtWilde, J.
This case comes before us on exceptions taken to the orders, directions, and rulings of the court of common pieas; and the question is, whether the same were authorized by the Rev. Sts. c. 115, on the construction of which the case depends. That court was of opinion, that the petitioners, who were appellants from the adjudication and order of the commissioners for the improvement of meadows, &c., appointed in pursuance of said chapter, were entitled to damages, *325which were ordered to be ascertained by a jury; and that the amount thus found should be assessed and collected by the commissioners…
2Cited by1 opinion
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