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NOONAN v. SELECTMEN OF BROOKLINE

343 Mass. 461 (1962)

179 N.E.2d 332

THOMAS J. NOONAN vs. SELECTMEN OF BROOKLINE.

Supreme Judicial Court of Massachusetts, Norfolk.

January 12, 1962.

Attorney(s) appearing for the Case

Vincent L. Hennessy, (John P. Mulvihill with him,) for the petitioner.

Daniel G. Rollins, (Philip A. Rollins with him,) for the respondents.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & SPIEGEL, JJ.

WILKINS, C.J.

This petition for a writ of mandamus is reserved and reported by a single justice, without decision, on the pleadings and on an agreement as to all the material facts. The petitioner alleges that he is a selectman of the town of Brookline. The other four selectmen are designated as respondents. The petition seeks to prevent the selectmen from appointing assessors under G.L.c. 41, § 25, as amended through St. 1937, c. 129, § 2,

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