Brown v. Inhabitants of the County of Somerset
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought in the county of Sontr erset, upon sundry orders drawn by a committee appointed by the Court of Common Pleas for the county of Somerset, in June, 1811, to superintend the making a highway through certain unincorporated lands in said county, upon the county treasurer, in the plaintiff’s favor, dated March 24, 1813, and by him refused.
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This was an action of assumpsit, brought in the county of Sontr erset, upon sundry orders drawn by a committee appointed by the Court of Common Pleas for the county of Somerset, in June, 1811, to superintend the making a highway through certain unincorporated lands in said county, upon the county treasurer, in the plaintiff’s favor, dated March 24, 1813, and by him refused. The cause was tried upon the general issue, at the last October term in this county, before Parker, J., when a verdict was taken for the plaintiff, subject to the opinion of the Court, upon two objections made by the…
1Per curiam
The case of a court is different from that of individual citizens. One court succeeds another, and takes, by statute, all the powers and authorities of its predecessor. The decision in Hawkes’s case was grounded upon the test of the writ; although the reasoning of the chief justice, in delivering the opinion of the Court, supports the objection made by the defendants’ counsel, grounded upon that decision.
Judgment according to the verdict. (2)
Vide Stat. 1809, c. 127.
2Cited by4 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Gage v. GannetMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Lincoln v. PrinceMassachusetts Supreme Judicial Court · 1807
- Adams v. County Commissioners of HampdenMassachusetts Supreme Judicial Court · 1860