Custy v. City of Lowell, 117 Mass. 78 (Mass. 1875).
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Custy v. City of Lowell, 117 Mass. 78 (Mass. 1875). Book View Copy Cite
✓ Positive Treatment Affirmed 1 positive ▼
Joseph H. Custy
v.
City of Lowell
Massachusetts Supreme Judicial Court.
Jan 14, 1875.
117 Mass. 78
T. Wentworth & R. B. Caverly, for the petitioner., J. F. McEvoy, for the respondent.
Gray.
Cited by 14 opinions  |  Published
Gray, C. J.

The application of the petitioner for a jury was required to be made within three months from the time when he received notice of the assessment of which he complains. Gen. Sts. c. 48, § 6. After the expiration of that period, the court had no jurisdiction of the subject matter of his application, and the want of jurisdiction might be taken advantage of at any time before judgment. Palmer v. Dayton, 4 Cush. 270. Eddy’s case, 6 Cush. 28. Eaton v. Framingham, Ib. 245. Elder v. Dwight Manuf. Co. 4 Gray, 201. Riley v. Lowell, ante, 76.

Judgment dismissing petition affirmed.