Beals v.James
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the selectmen of Brookline in levying a betterment assessment on the estates of the respective petitioners for the expense incurred in laying out an improvement of Smelt Brook, under St. 1887, c. 99. Hearing before Knowlton, J., who reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHammond, J.
In considering the questions arising in this case, we take them in the order in which they are stated upon the brief of the petitioners.
1. It is contended that the town meeting of March 30, 1895, at which St. 1887, c. 99, was accepted, was not called according to law. This was an annual town meeting, and the provisions for the call of such a meeting are found in Pub. Sts. c. 27, §§ 54, 55, which, so far as material, are as follows:
“ Sect. 54. Every town meeting shall be held in pursuance of a warrant under the hands of the selectmen, directed to the constables or to some other persons…
2Cases cited1 opinion
- Lawrence v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1884
3Cited by8 opinions
- Zinser v. Board of SupervisorsSupreme Court of Iowa · 1907
- Prichard v. Board of SupervisorsSupreme Court of Iowa · 1911
- Thompson v. Board of SupervisorsSupreme Court of Iowa · 1925
- People Ex Rel. Mann v. AllenIllinois Supreme Court · 1928
- Wey v. City of HobartSupreme Court of Oklahoma · 1917
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