Perry v. Hull
Cases that cite this one
14 later published cases cite this decision.
- Brewster v. Sherman (Mass. 1907)
- Parrotta v. Hederson (Mass. 1944)
- Department of Public Utilities v. Trustees of the Properties of the New York, New Haven & Hartford Railroad (Mass. 1939)
- Swift v. Board of Registrars of Voters (Mass. 1932)
- Godfrey v. Building Commissioner (Mass. 1928)
- Liberty Mutual Insurance v. Acting Commissioner of Insurance (Mass. 1928)
- County Commissioners v. Mayor of Newburyport (Mass. 1925)
- Board of Survey v. Suburban Land Co. (Mass. 1920)
- Sears v. Assessors of Nahant (Mass. 1911)
- Cheney v. Coughlin (Mass. 1909)
- Attorney General v. New York, New Haven, & Hartford Railroad (Mass. 1908)
- Cheney v. Barker (Mass. 1908)
- Finlay v. City of Boston (Mass. 1907)
- Selectmen of Gardner v. Templeton Street Railway Co. (Mass. 1903)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We assume that all the allegations of the petition are true. We assume further, but without so deciding, that the decision of the chairman and secretary of the caucus may be revised by the courts in proper proceedings. But the demurrer was rightly sustained because mandamus will not lie where the petitioners have another remedy by bill or petition given by statute. Hill v. McKim, 168 Mass. 100. In that case a judge of a court of insolvency having refused to order a hearing upon a proposal for composition it was held that the proper remedy was by bill or petition under Pub. Sts. c. 157, § 15, and not by mandamus. The remedy of the present petitioners wa,s under St. 1898, c. 548, § 417. See R. L. c. 11, § 421.
Orders sustaining demurrer and dismissing petition affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.