Commonwealth v. Inhabitants of Great Barrington
Massachusetts Supreme Judicial Court
Upon the return of a certiorari to certify the record of the proceedings of the Court of Sessions of this county, respecting the laying out and establishing a highway from Stockbridge Plain to the meeting-house in Great Barrington, several exceptions were taken to the record, two only of wh ch were considered by the Court.
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Upon the return of a certiorari to certify the record of the proceedings of the Court of Sessions of this county, respecting the laying out and establishing a highway from Stockbridge Plain to the meeting-house in Great Barrington, several exceptions were taken to the record, two only of wh ch were considered by the Court. The first exception was, that the return of the locating committee was not made to the Court at the term holden next after the service of the committee was performed. It appeared from the record, that a major part of the committee finished the performance of the service…
1Opinion of the Court
By the Court.
The record supports the fact on which the exception is grounded. By the statute of 1786, c. 67, § 4, the locating committee are directed to make their return to the next Court *406of Sessions to be held in the same county after the said service is performed. As this is a special jurisdiction given to the Sessions by statute, the Court, in exercising it, must pursue the statute ; and the parties in interest opposed to the way are not required by law to attend the Court, after the committee is appointed, until the term next after their service is performed. In the case [ * 493 ] * of…
2Cases cited3 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- Durell v. MerrillMassachusetts Supreme Judicial Court · 1805
3Cited by8 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Wilson v. SimmonsSupreme Judicial Court of Maine · 1896
- City of Cambridge v. Board of Railroad CommissionersMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1806
- Harris v. HowesSupreme Judicial Court of Maine · 1883
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