Wood v. Jewell
Massachusetts Supreme Judicial Court
Tort against John L. Jewell and Edmund M. Stowe, for breaking and entering the plaintiffs’ close in Hudson, and removing the soil therefrom. Jewell justified, as superintendent of roads and highways acting under the road commissioners, and Stowe justified as a road commissioner; and each alleged that he entered upon the land in the discharge of the duties of his respective office.
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Tort against John L. Jewell and Edmund M. Stowe, for breaking and entering the plaintiffs’ close in Hudson, and removing the soil therefrom. Jewell justified, as superintendent of roads and highways acting under the road commissioners, and Stowe justified as a road commissioner; and each alleged that he entered upon the land in the discharge of the duties of his respective office. Trial in the Superior Court, before Pitman, J., who, after a verdict for the defendants, reported the case for the determination of this court, in substance as follows : The trespass complained of was an entry upon…
1Opinion of the CourtEkdicott, J.
The articles in a warrant for a town meeting are generally inartificially drawn, and are not to be subject to a rigid construction. It is sufficient if they indicate with substantial certainty the nature of the business to be acted on by the town.
In this case, the warrant for the annual meeting of the town of Hudson contained the usual article, that all necessary town officers for the year ensuing would be chosen. It also contained an article in regard to the acceptance of the St. of 1871, c. 158, as amended by the St. of 1873, c. 51, in regard to the election of road commissioners, closing…
2Cases cited1 opinion
- Walker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1880
3Cited by6 opinions
- Town of Burlington v. DunnMassachusetts Supreme Judicial Court · 1945
- Fish v. Town of CantonMassachusetts Supreme Judicial Court · 1948
- Coffin v. LawrenceMassachusetts Supreme Judicial Court · 1886
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- Dziembowski v. StochajMassachusetts Supreme Judicial Court · 1934
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