Newcomb v. Board of Aldermen
Massachusetts Supreme Judicial Court
1Opinion of the CourtRugo, C.J.
This is a petition for a writ of certiorari. The respondents made a return setting forth over their official signatures the proceedings had by them touching the matters alleged in the petition. The pleadings were not framed to raise issues of fact. The petitioner has not questioned the sufficiency, fulness or completeness of the return. He has taken no steps to have it further extended. In these circumstances averments of the petition not supported by the return of the respondents are to be disregarded. The return is to be accepted as true concerning all matters within the jurisdiction of the…
2Cases cited15 opinions
- Douglas v. NobleSupreme Court of the United States · 1923
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919
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3Cited by23 opinions
- Konstantopoulos v. Town of WhatelyMassachusetts Supreme Judicial Court · 1981
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
- Real Properties, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1946
- Morrissey v. State Ballot Law CommissionMassachusetts Supreme Judicial Court · 1942
- Ott v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1931
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