Opinion

Hersey v. Board of Selectmen

  • 361 Mass. 867
  • 281 N.E.2d 232
Court
Massachusetts Supreme Judicial Court
Filed
Mar 8, 1972
Status
Published
Cited by
0 cases
Authority
More cited than 10.7%

The opinion

A discharged police officer of the town of Monson has brought this petition for a writ of mandamus for a hearing on charges which caused the board of selectmen to dismiss him. This action followed a hearing by the board set for a time certain which was somewhat delayed. The petitioner left with his counsel and witnesses and did not participate in the hearing. After hearing, the petition was denied and the petitioner appealed. There was no error. In similar matters where action has already been taken, as was the case here, we have hitherto held that mandamus is not an appropriate remedy. Howe v. Attorney Gen. 325 Mass. 268, 270 . Harding v. Commissioner of Ins. 352 Mass. 478, 480 . Kent v. Civil Serv. Commn. 354 Mass. 757 .

Order for judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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