Wheelock v. Auditor of Suffolk County
Massachusetts Supreme Judicial Court
Petition for a writ» of mandamus against the auditor of Suffolk County and the board of aldermen, acting as county commissioners, to compel the respondents to audit a bill of the petitioner for services in the commitment of insane persons to lunatic hospitals after the St. of 1879, c. 195, took effect, and before the passage of the St. of 1880, o. 250. Answer, that the services rendered by the petitioner were in his capacity of a judge of a Municipal Court in the city of…
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Petition for a writ» of mandamus against the auditor of Suffolk County and the board of aldermen, acting as county commissioners, to compel the respondents to audit a bill of the petitioner for services in the commitment of insane persons to lunatic hospitals after the St. of 1879, c. 195, took effect, and before the passage of the St. of 1880, o. 250. Answer, that the services rendered by the petitioner were in his capacity of a judge of a Municipal Court in the city of Boston, and by the St. of 1877, e. 210, § 2, his salary as such was in full of all compen sation. Hearing before Lord, J.,…
1Opinion of the CourtGray, C. J.
The merits of this case cannot properly be determined in this form of proceeding. If the petitioner is entitled to the fees which he claims, the amount thereof being fixed by statute, and the city of Boston being bound by the Gen. Sts. c. 17, § 6, to pay them, he is entitled to recover them by action at law against the city in the inferior court of appropriate jurisdiction.
The St. of 1879, c. 256, § 1, by which it is enacted that “the auditor of accounts of the city of Boston shall be the auditor of the county of Suffolk; and hereafter all bills for county salaries, expenses and disbursements…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- State ex rel. Brackett v. County JudgeSupreme Court of Iowa · 1857
- Hester's CaseSupreme Court of Pennsylvania · 1841
3Cited by12 opinions
- Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
- Parrotta v. HedersonMassachusetts Supreme Judicial Court · 1944
- Daly v. Mayor of MedfordMassachusetts Supreme Judicial Court · 1922
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
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