Commonwealth v. Peters
Massachusetts Supreme Judicial Court
This was a certiorari requiring the Court of Sessions to certify .he proceedings relative to the altering a county road in the town of Worcester. It was argued at the last September term, by Bigelow, for the commonwealth, and Upham. and F. Blalce, for the respondent. Bigelow pointed out many errors in the record, among which were, 1st. That no application appears to have been made to the Sessions for the alteration in the way; and, 2d.
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This was a certiorari requiring the Court of Sessions to certify .he proceedings relative to the altering a county road in the town of Worcester. It was argued at the last September term, by Bigelow, for the commonwealth, and Upham. and F. Blalce, for the respondent. Bigelow pointed out many errors in the record, among which were, 1st. That no application appears to have been made to the Sessions for the alteration in the way; and, 2d. That the Sessions adjudged the alteration to be of common convenience and necessity before notice to the town of Worcester.
1Opinion of the Court
The Court,
objected that here appeared to be no proper parties,
and said that notice ought to have been given to the county of Worcester, if they were interested, and another to the town. The present defendant, having no connection with the record, except as one of the committee of the Sessions appointed to lay out the way, has no interest in the cause.
Bigelow observed that the practice had heretofore been very loose, and added, that, as the record was now before the Court, although perhaps improperly brought before them, if, upon inspection, gross errors were apparent upon the face of it, the…
2Cases cited1 opinion
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
3Cited by8 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Tod v. CrismanSupreme Court of Iowa · 1904
- Deans v. WilcoxonSupreme Court of Florida · 1882
- Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1806
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