Devlin v. White

• Decision Date: 10 May 1905
• Citation: 61 A. 172,27 R.I. 173
• Parties: DEVLIN v. WHITE, City Treasurer.
• Court: Rhode Island Supreme Court

61 A. 172

27 R.I. 173

DEVLIN

v. WHITE, City Treasurer.

Supreme Court of Rhode Island.

May 10, 1905.

Action by John H. Devlin against J. Ellis White, city treasurer. Heard on demurrer to pleas. Demurrer overruled.

Argued before DOUGLAS, C J., and DUBOIS and JOHNSON, JJ.

Edward D. Bassett, for plaintiff. Edward W. Blodgett, for defendant.

DOUGLAS, C. J. This is an action of debt brought by John H. Devlin, of Pawtucket, against J. Ellis White, city treasurer of said Pawtucket. The declaration alleges that on November 20, A. D. 1901, the board of aldermen of Pawtucket, acting under the provisions of chapter 71 of the General Laws of Rhode Island of 1896, appointed a commission of three disinterested persons to relay, widen, straighten, etc., Vernon street, a public highway in said Pawtucket. Said commissioners duly qualified, proceeded to perform their duties as such commissioners, and on December 11, A. D. 1901, presented a report of their doings to the board of aldermen of said Pawtucket in pursuance of their duties under said chapter 71 of the General Laws/of Rhode Island of 1896, the said commissioners agreed with the said plaintiff to pay him $2,700 for damages for the loss of 1,300 square feet of land which it was necessary to take in the widening and straightening of said Vernon street This agreement and recommendation were incorporated in the report of said commissioners. Said report was read at said meeting of the board of aldermen December 11, 1901, and further action thereon continued until December 16, 1901, and on December 10, 1901, further continued until January 6, 1902. January 6, 1902, said report and agreement with the plaintiff were taken up by said board of aldermen, and a resolution receiving and approving said report and agreement, and establishing said highway as widened, etc., was passed. The defendant filed a plea setting forth the record of the meeting of the board of aldermen of said Pawtucket for January 6, 1902, which said plea in substance is as follows: That said January 5, 1902, at 10 o'clock, was the day fixed by the charter of Pawtucket for the inauguration of the new city government. That the old board of aldermen met at 9 o'clock on said day, with Mayor Fitzgerald in the chair, and proceeded to transact business. At 10 o'clock the said mayor informed the members of said board that the time had come for the inauguration of the new city government, and ordered the clerk to call the roll, but did not instruct him to swear in the new members. He then declared the meeting adjourned, and left the room. That thereupon the president of the board of aldermen took the chair,...