In re Fearing

Massachusetts Supreme Judicial Court

In re Fearing

14 Mass. 387

Massachusetts Supreme Judicial Court·Decided October 15, 1817·Published

Opinion

The Court will not appoint commissioners of sewers, where all the proprietors of ¡ the lands alleged to be damaged join in the application.

This was an application to the Court for the appointment of commissioners of sewers, under the statute of 1795, c. 62. But :t appearing that all the proprietors of the lands alleged to be damaged had joined in the application, the Court said they had no jurisdiction of the matter, and they referred to the case of Swett fy Al. vs. Bussey &f Al. (1) So the application was dismissed.

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The Court will not appoint commissioners of sewers, where all the proprietors of ¡ the lands alleged to be damaged join in the application.

This was an application to the Court for the appointment of commissioners of sewers, under the statute of 1795, c. 62. But :t appearing that all the proprietors of the lands alleged to be damaged had joined in the application, the Court said they had no jurisdiction of the matter, and they referred to the case of Swett fy Al. vs. Bussey &f Al. (1) So the application was dismissed.

In re Fearing, 14 Mass. 387 (Mass. 1817).

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