Custy v. City of Lowell
This text of 117 Mass. 78 (Custy v. City of Lowell) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The application of the petitioner for a jury was required to be made within three months from the time when he received notice of the assessment of which he complains. Gen. Sts. c. 48, § 6. After the expiration of that period, the court had no jurisdiction of the subject matter of his application, and the want of jurisdiction might be taken advantage of at any time before judgment. Palmer v. Dayton, 4 Cush. 270. Eddy’s case, 6 Cush. 28. Eaton v. Framingham, Ib. 245. Elder v. Dwight Manuf. Co. 4 Gray, 201. Riley v. Lowell, ante, 76.
Judgment dismissing petition affirmed.
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Cite This Page — Counsel Stack
117 Mass. 78, 1875 Mass. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/custy-v-city-of-lowell-mass-1875.