Warren v. Mayor of Charlestown
Massachusetts Supreme Judicial Court
Mandamus, issued by Bigelow, J. on the 5th of October 1854, on the petition of George W. "Warren and nine others, inhabitants and qualified voters of the city of Charlestown.
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Mandamus, issued by Bigelow, J. on the 5th of October 1854, on the petition of George W. "Warren and nine others, inhabitants and qualified voters of the city of Charlestown. The writ was addressed to “ James Adams, Mayor, and J. V. Fletcher, Isaac Osgood, Benjamin Page, J. P. Remick, Ama S. Tuttle and Kendall Bailey, Aldermen of the city of Charlestown, in our County of Middlesex; ” and was in the following form : “ Whereas we have been given to understand in our supreme, judicial court, now holden at Boston, within and for our county of Suffolk, that the act for the annexation of…
1Opinion of the CourtShaw, C. J.
According to the mode of proceeding in mandamus, under the new practice act, St. 1852, c. 312, § 38, no hearing on the merits is had on the application for the writ, and no preliminary order to the adverse party is issued; but upon any probable cause shown, the writ is issued as of course, in the alternative, so that the actual matters in controversy are to be heard and considered on the return of the writ of mandamus, and on the question, whether the provisional command expressed therein shall be made absolute.
It is conceded here, that at the time of the issuing of the mandamus and…
2Cited by14 opinions
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