Parr-Angell v. City of Northampton, 170 N.E.2d 354 (Mass. 1960). · Go Syfert
Parr-Angell v. City of Northampton, 170 N.E.2d 354 (Mass. 1960). Cases Citing This Book View Copy Cite
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Frederick Parr-Angell & another
v.
City of Northampton
Massachusetts Supreme Judicial Court.
Nov 2, 1960.
Published opinion
170 N.E.2d 354
Melvin Thorner, for the plaintiffs., Kenneth B. Bowen, City Solicitor, for the defendant.
Cited by 1 opinion  |  Published

Decree affirmed with costs of this appeal. The plaintiffs seek by this bill in equity to challenge the legality of proceedings whereby the defendant took by eminent domain a parcel of their land for school purposes. The judge, after finding that the taking was valid, entered a decree dismissing the bill. The plaintiffs appealed. We need not concern ourselves with the correctness of the decision below. It appeared at the argument before us that prior to the commencement of the present suit the plaintiffs brought a petition under G. L. c. 79 for the assessment of damages and that this petition has resulted in a judgment for damages in the plaintiffs’ favor. It further appeared that execution has issued on the judgment and that on August 26,1960, it was satisfied in full. In so proceeding the plaintiffs made a final and binding election of their remedy and it is not open to them -to pursue the remedy here sought. See Moore v. Sanford, 151 Mass. 285, 287. See also Pinkham v. Chelmsford, 109 Mass. 225, 228-229; Hussey v. Bryant, 95 Maine, 49.