Commonwealth v. Inhabitants of Cambridge
Massachusetts Supreme Judicial Court
Upon the application of the inhabitants of Cambridge, made al the last May term in York, for a writ of certiorari to the Court of Common Pleas for this county, to remove the record of their pro ceedings, respecting the laying out a new county road in said town upon the petition of Andrew Craigie and Loammi Baldwin, esquires, an order was made upon the petitioners to show cause at an adjournment of the last March term in the county of Norfolk, to be holden in July, why the…
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Upon the application of the inhabitants of Cambridge, made al the last May term in York, for a writ of certiorari to the Court of Common Pleas for this county, to remove the record of their pro ceedings, respecting the laying out a new county road in said town upon the petition of Andrew Craigie and Loammi Baldwin, esquires, an order was made upon the petitioners to show cause at an adjournment of the last March term in the county of Norfolk, to be holden in July, why the writ should not issue ; and after a hearing of the parties the writ was then and there ordered, returnable at this term.…
1Opinion of the CourtParsons, C. J.
The proceedings in this case having been certified to us, and having heard, as well the inhabitants of Cambridge, as the applicants for the new road, we are now to decide, whether those proceedings are to be quashed or affirmed.
The counsel for the respondents have taken several exceptions to the legality of the proceedings.
It is objected that the Court proceeded to appoint a viewing com ■ *134mittee before notice to the inhabitants. A viewing committee is not directed by law ; and it is entirely discretionary with the Court, whether to appoint one or not; and when appointed, they are merely to…
2Cases cited3 opinions
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Cragie v. MellenMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. PetersMassachusetts Supreme Judicial Court · 1807
3Cited by41 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Hobart v. County of PlymouthMassachusetts Supreme Judicial Court · 1868
- Brook v. HortonCalifornia Supreme Court · 1886
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