Commonwealth v. Wentworth
Massachusetts Supreme Judicial Court
Information, in the nature of a quo warranta, filed March 12, 1887, by the Attorney General, at the request and upon the relation of certain residents, voters, and taxpayers of Dedham, alleging that the defendants were usurping the offices of selectmen, assessors, overseers of the poor, and surveyors of highways in said Dedham, which offices they assumed to hold by virtue of an election at the annual town meeting on March 7, 1887. The case was submitted to the judgment of…
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Information, in the nature of a quo warranta, filed March 12, 1887, by the Attorney General, at the request and upon the relation of certain residents, voters, and taxpayers of Dedham, alleging that the defendants were usurping the offices of selectmen, assessors, overseers of the poor, and surveyors of highways in said Dedham, which offices they assumed to hold by virtue of an election at the annual town meeting on March 7, 1887. The case was submitted to the judgment of this court upon an agreed statement of facts, the material parts of which appear in the opinion.
1Opinion of the CourtDevens, J.
The contention of the relators is, that it was not within the power of the town to vote that there should be elected only selectmen who should be, or should act, as assessors, overseers of the poor, and surveyors of highways; and further, if the town might do so under a proper warrant for the meeting, it could not do so under the warrant as framed.
There.was a distinct article in the warrant “to see if the town will choose the selectmen surveyors of highways,” under which the town voted to “ choose the selectmen surveyors of highways.” There is nothing incompatible in these offices; surveyors…
2Cases cited2 opinions
- Conlin v. AldrichMassachusetts Supreme Judicial Court · 1868
- Sherman v. TorreyMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Nelson v. Town of BelmontMassachusetts Supreme Judicial Court · 1931
- Smith v. Town of WesterlySupreme Court of Rhode Island · 1896
- Attorney General v. DoleMassachusetts Supreme Judicial Court · 1897