Gedney v. Inhabitants of Tewksbury
Massachusetts Supreme Judicial Court
This was an action of debt brought to recover the amount of the damages assessed by a committee appointed by the Court of Sessions to locate a highway in Tewksbury, a part of which passed over the plaintiff’s land.
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This was an action of debt brought to recover the amount of the damages assessed by a committee appointed by the Court of Sessions to locate a highway in Tewksbury, a part of which passed over the plaintiff’s land. After the acceptance of the report of the committee, which was in September, A. D., 1803, the record -con-eludes thus: “ Which report, being seen and fully understood by the court, is accepted; and the court hereby establish the way therein described, for a public highway.” The parties agreed to refer this action to the opinion of the Court upon an inspection of the record of the…
1Opinion of the CourtParker, J.
I should have been glad to support this action, if, in any view of it, I could discover legal ground on which it could rest. The plaintiff is certainly entitled to his money on every principle of justice. Had there been an order of the Sessions for the payment of these damages, he might have had a warrant of distress by the statute, and this would have been a prompt and sufficient remedy. But I do not think that an action of debt can be maintained on this record, the plaintiff’s claim not being ascertained by consent of parties, by award of arbitrators, or by a judgment of court.
Sedgwick, J.
It…
2Cases cited1 opinion
- Smith v. DrewMassachusetts Supreme Judicial Court · 1809
3Cited by14 opinions
- Thurston v. PrentissMichigan Supreme Court · 1849
- Ex parte GreeneSupreme Court of Alabama · 1856
- Hartford & New-Haven Rail Road v. KennedySupreme Court of Connecticut · 1838
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
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