Russell v. Wellington
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the respondent Wellington to refrain from attempting to act as a member of the board of public works of the city of Pittsfield, and to compel the respondents Daly and Jones to recognize and receive the petitioner as a member of that board, and to act with him as such in the duties pertaining thereto. Hearing before Barker, J., who reserved the case, upon the petition, answer, and agreed facts, for the determination of the full court.
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Petition for a writ of mandamus to compel the respondent Wellington to refrain from attempting to act as a member of the board of public works of the city of Pittsfield, and to compel the respondents Daly and Jones to recognize and receive the petitioner as a member of that board, and to act with him as such in the duties pertaining thereto. Hearing before Barker, J., who reserved the case, upon the petition, answer, and agreed facts, for the determination of the full court. The petition recited that the St. of 1889, c. 411, § 26, provides that “ the city council first elected under this act…
1Opinion of the CourtField, C. J.
The decision of this case depends upon the proper construction of the first part of § 26, and of a clause in § 9 of the charter of the city of Pittsfield. St. 1889, c. 411. The clause in § 9 is: “ He [the mayor] may call special meetings of the city council or either branch thereof when in his opinion the interests of the city require it, by causing notice to be left at the usual place of residence of each member of the board or boards to be convened.”
The original charter of the city of Boston, St. of 1821, c. 110, § 12, gave the mayor the power to summon meetings of the board of aldermen and…
2Cases cited11 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Keough v. Board of AldermenMassachusetts Supreme Judicial Court · 1892
- Hayden v. NoyesSupreme Court of Connecticut · 1824
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1882
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3Cited by15 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Trustees of Andover Theological Seminary v. Visitors of the Theological InstitutionMassachusetts Supreme Judicial Court · 1925
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Ransom v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
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