Custy v. City of Lowell

Massachusetts Supreme Judicial Court

Custy v. City of Lowell

117 Mass. 78, 1875 Mass. LEXIS 157

Massachusetts Supreme Judicial Court·Decided January 14, 1875·Published·Cited by 14 cases

Opinion

Gray, C. J.

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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Gray, C. J.

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.

Custy v. City of Lowell, 117 Mass. 78, 1875 Mass. LEXIS 157 (Mass. 1875).

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