Fairbanks v. Mayor of Fitchburg
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Fitchburg, in assessing a proportionate part of the cost of a sewer in Willow Street in that city. Blearing before I)evens, J., who reserved for the consideration of the full court the case which appears in the opinion.
1Opinion of the CourtDevens, J.
The questions reserved arise on the allegations of the petition, the competency and admissibility of those portions of the answer which the petitioners moved to strike out, and, upon the whole case, whether the writ of certiorari ought to issue.
The petition does not seek to quash the proceedings only for reasons apparent of record, but also on account of certain facts not appearing thereby which it sets forth. It prays that the mayor and aldermen for the time being may certify and bring before the court the record of a former board relating to the location of a sewer in Willow and Green…
2Cases cited3 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Brown v. Mayor of FitchburgMassachusetts Supreme Judicial Court · 1880
3Cited by23 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Garvin v. DaussmanIndiana Supreme Court · 1888
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
- Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
- Collins v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1888
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