Pevey v. Aylward
Massachusetts Supreme Judicial Court
Petition, filed on November 16,1909, for a writ of mandamus commanding the respondent James F. Aylward to refrain from performing the duties of city solicitor of the city of Cambridge and commanding the respondent William F. Brooks as mayor of the city of Cambridge to recognize the petitioner as such city solicitor.
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Petition, filed on November 16,1909, for a writ of mandamus commanding the respondent James F. Aylward to refrain from performing the duties of city solicitor of the city of Cambridge and commanding the respondent William F. Brooks as mayor of the city of Cambridge to recognize the petitioner as such city solicitor. The case came on to be heard, upon the pleadings, an agreed statement of facts and the exhibits attached thereto, before Hammond, J., who reserved it for determination by,the full court, such order or decree to be made as law and justice might require.
1Opinion of the CourtKnowlton, C. J.
This is a petition for a writ of mandamus to prevent the respondent Aylward from acting as city solicitor for the city of Cambridge, and to compel recognition of the petitioner’s alleged right to that office. The question turns upon the validity of Mr. Aylward’s election, which was declared by the common council in concurrence with the board of aider-men on June 29, 1909. It is not now contended that the election was invalid because it was not held in the month of April, according to the requirement of the St. 1891, c. 364, § 20. See Rutter v. White, 204 Mass. 59; Cheney v. Coughlin, 201…
2Cases cited15 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Blackmer v. HildrethMassachusetts Supreme Judicial Court · 1902
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3Cited by11 opinions
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Rea v. Board of AldermenMassachusetts Supreme Judicial Court · 1914
- Moroni v. BrawdersMassachusetts Supreme Judicial Court · 1944
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
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