Jeffries v. Inhabitants of Swampscott
Massachusetts Supreme Judicial Court
Two BILLS IN equity by owners of parcels of land bordering upon Orient Street, a town way in Swampscott, praying for injunctions on the inhabitants and the selectmen of the town against entering upon the land and injuring or disturbing the trees, shrubbery or buildings.
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Two BILLS IN equity by owners of parcels of land bordering upon Orient Street, a town way in Swampscott, praying for injunctions on the inhabitants and the selectmen of the town against entering upon the land and injuring or disturbing the trees, shrubbery or buildings. The defendants answered, claiming a right to enter by virtue of proceedings had under the Gen. Sts. c. 43, §§ 59-65, for widening Orient Street; the plaintiffs each filed a general replication; and Wells, J., heard and reported for the determination of the full court the case which is stated in the opinion.
1Opinion of the CourtAmes, J.
By the terms of the Gen. Sts. c. 43, § 65, “no town way, laid out or altered by the selectmen, shall be established, until such laying out or alteration, with the boundaries and ad-measurements of the way, is reported to the town and accepted and allowed at some public meeting of the inhabitants, regularly warned and notified therefor; nor unless such laying out or alteration, with the boundaries and admeasurements, is filed in the office of the town clerk seven days at least before such meeting,” *536This regulation was manifestly not intended to prescribe a mere formality, but to lay down the…
2Cited by10 opinions
- Markiewicus v. Town of MethuenMassachusetts Supreme Judicial Court · 1938
- Loriol v. KeeneMassachusetts Supreme Judicial Court · 1961
- Wilson v. City of LynnMassachusetts Supreme Judicial Court · 1875
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Blaisdell v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1875
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