McCarthy v. Commonwealth
Massachusetts Supreme Judicial Court
Petition filed in. the Superior Court by Justin H. McCarthy on May 11, 1908, under R. L. c. 201, as amended by St. 1905, c. 370, for $500 alleged to be due to him as salary as a member of the boiler inspection department of the Massachusetts district police for the period from January 6 to May 6,1908. While the petition was pending, the petitioner died and Caroline S. McCarthy, having been appointed administratrix of his estate, was admitted as petitioner to prosecute the…
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Petition filed in. the Superior Court by Justin H. McCarthy on May 11, 1908, under R. L. c. 201, as amended by St. 1905, c. 370, for $500 alleged to be due to him as salary as a member of the boiler inspection department of the Massachusetts district police for the period from January 6 to May 6,1908. While the petition was pending, the petitioner died and Caroline S. McCarthy, having been appointed administratrix of his estate, was admitted as petitioner to prosecute the petition. In the Superior Court the case was heard on an agreed statement of facts by Dana, J., without a jury, who found…
1Opinion of the CourtRugg, J.
This is a petition under R. L. c. 201, as amended by St. 1905, c. 370, to collect money alleged to be due for the salary of the present petitioner’s intestate. The facts upon which the decision must rest are these: Justin H. McCarthy was, previous to January, 1908, a member of the district police. By a letter dated January 2, 1908, postmarked at Boston at half after eleven o’clock in the forenoon of January 3, and actually received by McCarthy when he reached his office in Springfield at ten o’clock of the following morning, which was Saturday, he was notified that the Governor proposed to…
2Cases cited4 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Weiner v. WentworthMassachusetts Supreme Judicial Court · 1902
- Arnold v. NashMassachusetts Supreme Judicial Court · 1879
3Cited by10 opinions
- Whitney v. Judge of the District CourtMassachusetts Supreme Judicial Court · 1930
- Lowry v. Commissioner of AgricultureMassachusetts Supreme Judicial Court · 1939
- Tuttle v. City of BostonMassachusetts Supreme Judicial Court · 1913
- Century Cab Inc. v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1951
- Robie v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1964
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