Hall v. Street Commissioners
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash proceedings of the board of street commissioners of the city of Boston assessing land of the petitioner under St. 1899, c. 450, § 3, filed February 20, 1900. By agreement of parties the case upon the petition and answer was reserved by Barker, J. for the consideration of the full court.
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Petition for a writ of certiorari to quash proceedings of the board of street commissioners of the city of Boston assessing land of the petitioner under St. 1899, c. 450, § 3, filed February 20, 1900. By agreement of parties the case upon the petition and answer was reserved by Barker, J. for the consideration of the full court. The petition alleged that the petitioner was a citizen and taxpayer of Boston and the owner of two parcels of land on Harrison Avenue in Boston, and set forth St. 1899, c. 450, § 3, amending St. 1897, c. 426, § 7, as follows: “ Section 3. Section seven of said chapter…
1Opinion of the CourtHolmes, C. J.
This is a petition for a writ of certiorari to quash a sewer assessment laid under St. 1899, c. 450, § 3, which took the place of St. 1897, c. 426, § 7, declared unconstitutional in Sears v. Street Commissioners, 173 Mass. 350.
The act of 1899, in the first part of § 3, enacts that the board of street commissioners “ at any time within two years after any new sewer or drain ... is completed, shall assess upon the several estates especially benefited by such sewer or drain, a proportional part of the cost thereof, not exceeding in amount the sum of four dollars per linear foot,” and" goes on to…
2Cases cited10 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Moore v. . MausertNew York Court of Appeals · 1872
- Howell v. . the City of BuffaloNew York Court of Appeals · 1867
- People ex rel. Parsons v. Circuit JudgeMichigan Supreme Court · 1877
- Sears v. Street Commissioners of BostonMassachusetts Supreme Judicial Court · 1899
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3Cited by28 opinions
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Galusha v. WendtSupreme Court of Iowa · 1901
- State v. Silver Bow Refining Co.Montana Supreme Court · 1926
- Leser v. WagnerCourt of Appeals of Maryland · 1913
- Mullen v. Board of Sewer Commissioners of MiltonMassachusetts Supreme Judicial Court · 1932
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