City of Bangor v. Peirce
Supreme Judicial Court of Maine
On report. Action under the provisions of Revised Statutes, chapter 23, section 37, to recover the assessments on certain lots of land on Franklin Street, Bangor, made on account of widening said street. Plea, the general issue, with brief statement as' follows: "That neither the said Laura Hayford in her lifetime, nor the defendant as administratrix with the will annexed of the estate of said Laura Hayford, as aforesaid, ever was indebted to the plaintiff as alleged.”
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On report. Action under the provisions of Revised Statutes, chapter 23, section 37, to recover the assessments on certain lots of land on Franklin Street, Bangor, made on account of widening said street. Plea, the general issue, with brief statement as' follows: "That neither the said Laura Hayford in her lifetime, nor the defendant as administratrix with the will annexed of the estate of said Laura Hayford, as aforesaid, ever was indebted to the plaintiff as alleged.” When the action came on for trial, the following admissions were made: "It is admitted that there was an authorization of…
1Opinion of the CourtEmery, C. J.
By statute, R. S., chap. 23, sec. 33-37 inclusive, provision for widening streets, etc., in cities is made substantially as follows, viz : When the city council widen any street and decide that damages should be allowed therefor, they may apportion a part or the whole of such damages, as to them seems fit, upon the lots adjacent to and bounded on such street. Before such apportionment or assessment is made, public notice is to be given to all persons interested. Any person not satisfied with the amount for which he is assessed can have the assessment upon his land determined by arbitrators.…
2Cases cited19 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Carey v. BrownSupreme Court of the United States · 1875
- Hill v. HigdonOhio Supreme Court · 1855
- Warren v. HenlySupreme Court of Iowa · 1870
- White v. People ex rel. City of BloomingtonIllinois Supreme Court · 1880
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3Cited by4 opinions
- Opinion of the JusticesSupreme Judicial Court of Maine · 1965
- Franks v. CommissionerUnited States Board of Tax Appeals · 1935
- Town of Trumbull v. WalesConnecticut Superior Court · 1935
- Northeast Shoe Co. v. Industrial & Recreational Finance Approval BoardSupreme Judicial Court of Maine · 1966