Sears v. Mayor & Aldermen of Worcester
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Worcester in levying certain betterment assessments on land of the petitioner for the widening of West Boylston Street in Worcester, filed May 12, 1900. The case was heard by Holmes, C. J., who, at the request.of the petitioner, reported it for the full court as follows: “The petitioner wished to offer evidence that West Boylston street was not substantially completed, but I…
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Petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Worcester in levying certain betterment assessments on land of the petitioner for the widening of West Boylston Street in Worcester, filed May 12, 1900. The case was heard by Holmes, C. J., who, at the request.of the petitioner, reported it for the full court as follows: “The petitioner wished to offer evidence that West Boylston street was not substantially completed, but I ruled that in this proceeding I could not go behind the record set out in the answer. I also ruled that the assessment…
1Opinion of the CourtLathrop, J.
This is a petition for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Worcester in making an ‘ assessment for street betterments, under the Pub. Sts. c. 51, § 1.
While several questions were presented to the Chief Justice of this court, and are before us, on his report, the only one argued by the petitioner is an exception to the ruling that the assessment was not void because it exceeded one half of the ad*289judged benefit by one half of a cent. The other questions we regard as waived.
We are of opinion that the ruling was right. As was said in ,Stone v.…
2Cases cited7 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Haven v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1892
- Workman v. City of WorcesterMassachusetts Supreme Judicial Court · 1875
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1888
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
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3Cited by14 opinions
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