Brewer v. City of Springfield
Massachusetts Supreme Judicial Court
Bill in equity praying for an injunction on the city and the city collector of Springfield against proceeding to collect an assessment laid on real estate of the complainants, under St. 1863. c. 107. By this statute the city council of Springfield were authorized to construct drains from Garden Brook to Connecticut River, and, after the completion of any such drain, to determine with the assistance of a competent engineer, the extent of territory benefited thereby, and what…
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Bill in equity praying for an injunction on the city and the city collector of Springfield against proceeding to collect an assessment laid on real estate of the complainants, under St. 1863. c. 107. By this statute the city council of Springfield were authorized to construct drains from Garden Brook to Connecticut River, and, after the completion of any such drain, to determine with the assistance of a competent engineer, the extent of territory benefited thereby, and what portion of the expense should be borne by the city, and what by the “ owners of real estate ; ” and it was required that…
1Opinion of the CourtBigelow, C. J.
We cannot take cognizance in equity of the case stated in the bill. Until the plaintiffs have been compelled to pay the tax which they allege to have been illegally assessed upon them, they have suffered no wrong; when they have paid it, they can recover it back by an action at law, which would furnish them an adequate and complete remedy. We can see no ground on which a single taxpayer who has been illegally assessed can ask for the interference of a court of equity. Certainly none is stated in the bill, nor has the counsel for the plaintiffs suggested any.
In determining the case on this…
2Cited by26 opinions
- Youngblood v. SextonMichigan Supreme Court · 1875
- Thomas v. GainMichigan Supreme Court · 1876
- Heick v. VoightIndiana Supreme Court · 1887
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- Warr v. Collector of TaxesMassachusetts Supreme Judicial Court · 1920
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