Legal Opinion

Attorney General v. Varnum

Massachusetts Supreme Judicial Court

Decided February 19, 1897PublishedCited by 9 opinions

Information by the Attorney General, in the nature of a quo warranta, alleging that the defendant had usurped the office of superintendent of public buildings in the city of Lowell.

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Information by the Attorney General, in the nature of a quo warranta, alleging that the defendant had usurped the office of superintendent of public buildings in the city of Lowell. At the hearing, before Barker, J., it appeared that the respondent was elected to the office by concurrent vote of the city council on January 15, 1897, having filled the position during the preceding year by the election of that body, and that one Richard Bray was duly nominated by the mayor to the same office on January 4, 1897, and qualified on the following day. The judge reserved the case for the…

1Opinion of the CourtLathrop, J.

The question before us is as to the effect of the St. of 1896, c. 415, entitled “ An Act to amend the charter of the- city of Lowell,” upon the charter itself, (St. 1875, c. 178,) and the ordinances passed in pursuance thereof, so far as the office of superintendent of public buildings for said city is concerned.

By § 2 of the St. of 1875, it is provided: “The administration of the fiscal, prudential, and municipal affairs of said city, with the government thereof, shall be vested in one principal officer, styled the mayor, one select council of eight, to be called the board of aldermen, and…

2Cases cited3 opinions

  1. Case of Supervisors of ElectionMassachusetts Supreme Judicial Court · 1873
  2. Murphy v. WebsterMassachusetts Supreme Judicial Court · 1881
  3. Brackett v. City of BostonMassachusetts Supreme Judicial Court · 1892

3Cited by9 opinions

  1. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
  2. Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
  3. Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
  4. Collins v. Selectmen of BrooklineMassachusetts Supreme Judicial Court · 1950
  5. City Council of Boston v. Mayor of BostonMassachusetts Supreme Judicial Court · 1981

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