Stiles v. Municipal Council of Lowell
Massachusetts Supreme Judicial Court
Two petitions, filed on June 25,1917, for writs of mandamus addressed to the municipal council of Lowell commanding the members of that council to reinstate the petitioners respectively as the treasurer and collector of taxes and as the purchasing agent of that city. The respondents filed a plea in abatement and also a demurrer to each of the petitions, each plea stating that the demurrer was not waived and each demurrer stating that the plea was not waived.
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Two petitions, filed on June 25,1917, for writs of mandamus addressed to the municipal council of Lowell commanding the members of that council to reinstate the petitioners respectively as the treasurer and collector of taxes and as the purchasing agent of that city. The respondents filed a plea in abatement and also a demurrer to each of the petitions, each plea stating that the demurrer was not waived and each demurrer stating that the plea was not waived. The respondents also filed an answer to each of the petitions, in each answer “not waiving their demurrer or plea in abatement…
1Opinion of the CourtBraley, J.
It was held in Thomas v. Municipal Council of Lowell, 227 Mass. 116, that the words, “under the laws regulating the civil service” as used in St. 1911, c. 645, § 40, which is the city charter, mean that the removal or suspension “for such cause as it shall deem sufficient” of “any executive or administrative officer or head of a sub-department ” the municipal council had the power to appoint, must be effected in the manner provided in St. 1904, c. 314, as amended by St. 1905, c. 243. The validity of the removal by the respondents of the petitioner Stiles from his office of city treasurer and…
2Cases cited9 opinions
- Ayers v. HatchMassachusetts Supreme Judicial Court · 1900
- Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- McCarthy v. EmersonMassachusetts Supreme Judicial Court · 1909
- Finlay v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Thomas v. Municipal CouncilMassachusetts Supreme Judicial Court · 1917
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3Cited by8 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
- Peckham v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1925
- McKenna v. WhiteMassachusetts Supreme Judicial Court · 1934
- Higgins v. License Commissioners of QuincyMassachusetts Supreme Judicial Court · 1941
3 more not listed; retrieve them via the Exa API.