Sears v. Inhabitants of Nahant
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on March 1, 1909, under R. L. c. 12, § 78, appealing from the refusal of the assessors of the town of Nahant to abate a tax assessed to the petitioners as the executors of the will of Frederick R. Sears.
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Petition, filed in the Superior Court on March 1, 1909, under R. L. c. 12, § 78, appealing from the refusal of the assessors of the town of Nahant to abate a tax assessed to the petitioners as the executors of the will of Frederick R. Sears. The case was heard by Crosby, J., who found that the petitioners were entitled to no abatement, and reported the case for determination by this court, who in a decision, reported in 205 Mass. 558, held that the petition should be dismissed, and, in accordance with the terms of the report, ordered that judgment should be entered for the respondent with…
1Opinion of the CourtHammond, J.
In this proceeding upon a petition brought in the Superior Court for the abatement of a tax, no abatement was granted; and the main question is whether counsel fees are to be allowed to the respondent town. The decision depends upon the construction of R. L. c. 12, § 81 (now St. 1909, c. 490, Part I, § 80), which so far as material reads as follows: “If, upon a hearing, the court finds that the complainant has complied with all the provisions of law and has paid the tax, ... it may grant him a reasonable abatement, and shall render judgment against the city or town for the amount thereof, and…
2Cases cited10 opinions
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Pond v. HarrisMassachusetts Supreme Judicial Court · 1873
- Bangs v. FallonMassachusetts Supreme Judicial Court · 1901
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3Cited by41 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
- Bournewood Hospital, Inc. v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1976
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Malloy v. CarrollMassachusetts Supreme Judicial Court · 1934
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