Partridge v. Inhabitants of Arlington
Massachusetts Supreme Judicial Court
Petition, filed on or about September 8,1898, under Pub. Sts. c. 52, § 15, with the selectmen of the town of Arlington, by William O. Partridge as the “ owner of a certain estate on Claremont Avenue ” in Arlington, praying the selectmen to determine his damages by reason of a change of grade in that avenue made in the years 1897 and 1898. Hearings were had on the petition, and a final adjudication was made thereon by the selectmen on December 3,1898, when the selectmen voted…
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Petition, filed on or about September 8,1898, under Pub. Sts. c. 52, § 15, with the selectmen of the town of Arlington, by William O. Partridge as the “ owner of a certain estate on Claremont Avenue ” in Arlington, praying the selectmen to determine his damages by reason of a change of grade in that avenue made in the years 1897 and 1898. Hearings were had on the petition, and a final adjudication was made thereon by the selectmen on December 3,1898, when the selectmen voted as follows: “ That the petitioner has sustained no damage by any acts done by the board of selectmen of the town or by…
1Opinion of the CourtSheldon, J.
The only question presented by these exceptions is whether the Superior Court could rightfully allow Mrs. Partridge’s motion that she should be admitted as a party petitioner. If the court had such power, no exception to its *532decision would lie. Payson v. Macomber, 3 Allen, 69, 70. But if the court had no authority to allow the amendment as a matter of discretion, then the defendant could take advantage of the error by exception. Peterson v. Waltham, 150 Mass. 564. Nor do we think it material to consider at present what would be the effect of the amendment if the court had jurisdiction to hear…
2Cases cited11 opinions
- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Custy v. City of LowellMassachusetts Supreme Judicial Court · 1875
- Sullivan v. City of Fall RiverMassachusetts Supreme Judicial Court · 1887
- Peterson v. City of WalthamMassachusetts Supreme Judicial Court · 1890
- City of Cambridge v. County CommissionersMassachusetts Supreme Judicial Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
- Sterling v. Frederick Leyland & Co.Massachusetts Supreme Judicial Court · 1922
- Attorney General v. HenryMassachusetts Supreme Judicial Court · 1928
2 more not listed; retrieve them via the Exa API.