Commonwealth v. Coombs
Massachusetts Supreme Judicial Court
This was a writ of certiorari, issued on the motion of the inhabitants of Brunswick, removing a record of the Court of Sessions in this county, respecting the laying of a highway in that town, and sundry errors in the record were assigned in the motion for granting the writ, viz., 1st. That a major part of the committee, who located the way, were inhabitants of Brunswick, and therefore not disinterested. 2d. The way was laid partly over a navigable river. 3d.
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This was a writ of certiorari, issued on the motion of the inhabitants of Brunswick, removing a record of the Court of Sessions in this county, respecting the laying of a highway in that town, and sundry errors in the record were assigned in the motion for granting the writ, viz., 1st. That a major part of the committee, who located the way, were inhabitants of Brunswick, and therefore not disinterested. 2d. The way was laid partly over a navigable river. 3d. No notice was given to the inhabitants of Brunswick before appointing the committee, or receiving their report 4th. The committee gave…
1Opinion of the CourtParsons, C. J.
We meet with too many cases of this kind on the circuits; and we are surprised to find so much irregularity in the several records, when the principles of law which ought to direct these proceedings are very clear.
The Court of Sessions, in locating and establishing highways, derives all its authority from the statute of February 27, 1787.
*440When a highway from town to town, or from place [ * 490 ] to place, * is wanted by any persons, they may apply to the Sessions to locate and establish it. The application, regularly, ought to be in writing, signed by the petitioners ; or their names, or the…
2Cases cited5 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. Inhabitants of EgremontMassachusetts Supreme Judicial Court · 1810
3Cited by54 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Newby v. Platte CountySupreme Court of Missouri · 1857
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