Locke v. Selectmen of Lexington
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the selectmen of the town of Lexington, claiming to act under the St. of 1873, c. 214, in making excavations to drain certain meadows and low lands in that town, and in assessing the expenses thereof on the estates benefited. So much of the case, as is material to the understanding of the point decided, is stated in the opinion.
1Opinion of the CourtGray, C. J.
A writ of certiorari lies only to correct the errors and restrain the excesses of jurisdiction of inferior courts or officers acting judicially. Rex v. Lediard, Sayer, 6. Rex v. Lloyd, Cald. 309. In re Constables of Hipperholme, 5 D. & L. 79, 81. The Queen v. Hatfield Peverel, 14 Q. B. 298. The Queen v. Salford, 18 Q. B. 687. Parks v. Mayor & Aldermen of Boston, 8 Pick. 218. Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206.
The selectmen of a town are not a court, and, independently of the St. of 1873, c. 214, exercise no judicial functions which could be revised by writ…
2Cases cited6 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Workman v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- Hooper v. Inhabitants of BridgewaterMassachusetts Supreme Judicial Court · 1869
- Short v. TinsleyCourt of Appeals of Kentucky · 1858
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3Cited by28 opinions
- Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Luellen v. City of AberdeenWashington Supreme Court · 1944
- Morley v. Police CommissionerMassachusetts Supreme Judicial Court · 1927
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
23 more not listed; retrieve them via the Exa API.