Attorney General v. Mayor of Northampton
Massachusetts Supreme Judicial Court
Petition, filed April 12, 1886, by tbe Attorney General, at the relation of tbe civil service commissioners of tbe Commonwealth, appointed under the St. of 1884, c. 320, for a writ of certiorari to quash the proceedings of the respondents in the matter of the appointment of a police officer of Northampton, said appointment being alleged to be in violation of the rules prepared by said commissioners.
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Petition, filed April 12, 1886, by tbe Attorney General, at the relation of tbe civil service commissioners of tbe Commonwealth, appointed under the St. of 1884, c. 320, for a writ of certiorari to quash the proceedings of the respondents in the matter of the appointment of a police officer of Northampton, said appointment being alleged to be in violation of the rules prepared by said commissioners. The case was heard by W. Allen, J., and reserved for the consideration of the full court.
1Opinion of the CourtMorton, C. J.
We are of opinion that the petitioner has mistaken his remedy in this case. As was stated by Chief Justice Gray in Locke v. Selectmen of Lexington, 122 Mass. 290, “ A writ of certiorari lies only to correct the errors and restrain the excesses of jurisdiction of inferior courts or officers acting judicially.” It lies to correct the errors of inferior courts, or judicial officers, acting in proceedings not according to the course of the common law, and where errors cannot be corrected by appeal, or exceptions, or by a writ of error. Lynch v. Crosby, 134 Mass. 313.
Thus, it is the proper remedy…
2Cases cited6 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1885
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
- Powers v. City CouncilMassachusetts Supreme Judicial Court · 1874
- Lynch v. CrosbyMassachusetts Supreme Judicial Court · 1883
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3Cited by22 opinions
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Hayeck v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1957
- Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
- Massey v. City Council of Des MoinesSupreme Court of Iowa · 1948
- Clark v. City Council of WalthamMassachusetts Supreme Judicial Court · 1951
17 more not listed; retrieve them via the Exa API.