Farmington River Water Power Co. v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the county commissioners of the County of Berkshire in refusing to abate a town tax for the year 1869, assessed upon the petitioner by the assessors of the town of Otis.
Read the full summary
Petition for a writ of certiorari to quash the proceedings of the county commissioners of the County of Berkshire in refusing to abate a town tax for the year 1869, assessed upon the petitioner by the assessors of the town of Otis. The petition set forth that the petitioner was incorporated by St. 1867, o. 134, for the purpose of building, erecting, and maintaining reservoirs of water on the Farmington River and its tributaries, in the town of Otis, for manufacturing and mechanical purposes; that on and before May 1, 1869, it was seised and possessed of certain lands in Otis and the adjoining…
1Opinion of the CourtGray, C. J.
By the Gen. Sts. c. 145, § 8, “ writs of certiorari to correct errors in proceedings that are not according to the course of the common law shall be issued from and returnable to the Supreme Judicial Court according to the practice heretofore established.” The determination of this case must be governed by the law and practice so established, which do not seem to have been kept in mind by either party to these proceedings.
A writ of certiorari (when not used as ancillary to any other process) is in the nature of a writ of error, addressed to an inferior court or tribunal whose procedure is not…
2Cases cited8 opinions
- Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- City of Charlestown v. County CommissionersMassachusetts Supreme Judicial Court · 1872
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
- Ex parte WestonMassachusetts Supreme Judicial Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Pérez Segovia v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico · 1948
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
82 more not listed; retrieve them via the Exa API.