Bowditch v. Superintendent of Streets
Massachusetts Supreme Judicial Court
Petition, filed July 18, 1895, for a writ of certiorari, to quash an assessment made by the respondent upon the estates of the petitioners on account of the construction of a sewer in Pond Street in Boston. Hearing before Barker, J., who reserved the case for the determination of the full court; such decree to be entered therein as justice might require. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This is a petition for a writ of certiorari to quash certain sewer assessments made by the respondent as superintendent of streets of the city of Boston on estates of the petitioners abutting on the street in which the sewer was built.
The first question is whether certiorari lies. The respondent contends that it does not, because, first, he is an executive officer performing a purely ministerial duty in levying the assessments, and, secondly, if that is not so, because the remedy is by petition for abatement.
The assessments were made by virtue of the provisions of St. 1892, c. 402. By § 1 of…
2Cases cited11 opinions
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