MARTIN v. ALDERMEN OF NEWTON


335 Mass. 362 (1957)

139 N.E.2d 926

JOHN D. MARTIN vs. ALDERMEN OF NEWTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 31, 1957.


Attorney(s) appearing for the Case

Matt B. Jones, Jr., City Solicitor, for the respondents.

James G. Fay, (David Sanderson with him,) for the petitioner.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & CUTTER, JJ.


RONAN, J.

This purports to be an appeal under G.L. (Ter. Ed.) c. 213, § 1D, inserted by St. 1943, c. 374, § 4, from a final judgment upon a petition for a writ of mandamus ordering the respondents to reinstate the petitioner to his office of comptroller of accounts of the city of Newton with the payment of a certain amount for back salary. There is also an appeal from an order overruling a demurrer which has not been argued separate and apart from the merits...

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