Inhabitants of Brockton v. County Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari, addressed to the county commissioners of the county of Plymouth, to quash proceedings abating a tax of one Esther O’Connell, widow of Terrence O’Connell, a veteran of the war of the rebellion.
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Petition for a writ of certiorari, addressed to the county commissioners of the county of Plymouth, to quash proceedings abating a tax of one Esther O’Connell, widow of Terrence O’Connell, a veteran of the war of the rebellion. The case was heard by Lathrop, J., who made the following decision and order: “ The only question argued in this case is whether, as Terrence O’Connell died in 1884, his widow is entitled to avail herself of the provisions of the statute of 1898, c. 370. I am of the opinion that she is. The order, therefore, will be — Petition for writ of certiorari denied.” The…
1Opinion of the CourtKnowlton, C. J.
This is an appeal from a decision of a single justice of this court, confirming a decision of the county commissioners of Plymouth County. The suit is a petition for a writ of certiorari, and, without intimating that the question of law raised at the trial would be difficult if we properly could consider it, we are of opinion that the appeal must be dismissed for want of jurisdiction.
Writs of certiorari are issued by the Supreme Judicial Court sitting as a court of law, and not as a court of equity. R. L. *43c. 192, § 4. There is no provision in the statutes for an appeal from a decision of a…
2Cases cited1 opinion
- Cowley v. TrainMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Rudnick v. MurphyMassachusetts Supreme Judicial Court · 1913
- Channell v. Judge of Central District Court of Northern EssexMassachusetts Supreme Judicial Court · 1912
- Administrator of Office of Price Administration v. ChookMassachusetts Supreme Judicial Court · 1946