Perry v. Hull
| Decision Date | 28 February 1902 |
| Parties | PERRY et al. v. HULL et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Burton W. Potter and John A. Thayer, for appellants.
Arthur P. Rugg and Thomas H. Sullivan, for appellees.
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, 46 N.E. 427. 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. St. c. 157, § 15, and not by mandamus. The remedy of the present petitioners was under St. 1898, c. 548, § 417. See Rev. Laws, c. 11, § 421.
Orders sustaining demurrer and dismissing petition affirmed.
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Cheney v. Coughlin
...been held that prerogative writs will not be issued in cases where another adequate remedy has been provided by statute. Perry v. Hull, 180 Mass. 547, 62 N. E. 962;Attorney General v. N. Y., N. H. & H. R. R. Co., 197 Mass. 194, 83 N. E. 408. But there is no converse of this principle. The l......
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Cheney v. Coughlin
...been held that prerogative writs will not be issued in cases where another adequate remedy has been provided by statute. Perry v. Hull, 180 Mass. 547, 62 N.E. 962; Attorney General v. N. Y., N.H. & H. R. R. Co., Mass. 194, 83 N.E. 408. But there is no converse of this principle. The languag......
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Parrotta v. Hederson
...252 Mass. 407 , in Dana v. Hovey, 264 Mass. 79 , 84, and in Police Commissioner of Boston v. Boston, 279 Mass. 577 , 581. [2] Perry v. Hull, 180 Mass. 547 Selectmen of Gardner v. Templeton Street Railway, 184 Mass. 294 , 298. Attorney General v. New York, New Haven & Hartford Railroad, 197 ......
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Parrotta v. Hederson
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