Waldron v. Lee
Massachusetts Supreme Judicial Court
At April term 1827 Waldron and others, petitioners lor a writ of mandamus, represented, that at a meeting of the inhabitants of the northwest school district in the town of Dudley, on the 5th of November, 1825, a vote was passed to purchase a convenient spot of land for a schoolhouse, and to build a new schoolhouse thereon ; that the petitioners were chosen a committee to make the purchase and to build the schoolhouse ; that it was also voted to raise the sum of 350 dollars…
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At April term 1827 Waldron and others, petitioners lor a writ of mandamus, represented, that at a meeting of the inhabitants of the northwest school district in the town of Dudley, on the 5th of November, 1825, a vote was passed to purchase a convenient spot of land for a schoolhouse, and to build a new schoolhouse thereon ; that the petitioners were chosen a committee to make the purchase and to build the schoolhouse ; that it was also voted to raise the sum of 350 dollars for those purposes that the clerk of trie district, on the 23d of November, 1825, certified this last vote to the…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The process prayed for is without doubt proper for the case complained of, if the facts are such as to call for the exercise of the power of the Court in this form. The legislature having given authority to this Court to issue writs of mandamus, the cases suitable for the application of this writ must be determined by the common law. And it is clear by the authorities, that it is the proper, and perhaps it is the only manner in which the sovereign power can compel the per formance of official duty by inferior magistrates and officers of the law.…
2Cases cited4 opinions
- Richards v. DaggetMassachusetts Supreme Judicial Court · 1808
- Saxton v. NimmsMassachusetts Supreme Judicial Court · 1817
- Barker v. WoodMassachusetts Supreme Judicial Court · 1812
- Newhall v. SaddlerMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Catlett v. BloydWest Virginia Supreme Court · 1919