Inhabitants of Stoughton v. County Commissioners

Massachusetts Supreme Judicial Court

Inhabitants of Stoughton v. County Commissioners

71 Mass. 372

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

This text of 71 Mass. 372 (Inhabitants of Stoughton v. County Commissioners) 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.

Bluebook

Inhabitants of Stoughton v. County Commissioners, 71 Mass. 372 (Mass. 1855).

Pincite

Opinion

The ground relied on by the petitioners was, that the raising of the grade not having been done by the selectmen of the town for the purpose of repairing the highway, but in the altering of a highway by the commissioners, pursuant to Rev. Sts. c. 24, §§ 1-11, the damages must, under those sections, be assessed against the county, and not against the town; and that Cole, in proceeding under Rev. Sts. c. 25, § 6, had mistaken his remedy And of that opinion were the court.

Writ of certiorari to issue. '

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The ground relied on by the petitioners was, that the raising of the grade not having been done by the selectmen of the town for the purpose of repairing the highway, but in the altering of a highway by the commissioners, pursuant to Rev. Sts. c. 24, §§ 1-11, the damages must, under those sections, be assessed against the county, and not against the town; and that Cole, in proceeding under Rev. Sts. c. 25, § 6, had mistaken his remedy And of that opinion were the court.

Writ of certiorari to issue. '

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Bluebook (online)

71 Mass. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inhabitants-of-stoughton-v-county-commissioners-mass-1855.