Inhabitants of West Roxbury v. Minot
Massachusetts Supreme Judicial Court
Contract to recover the amount assessed upon the defendant under Gen. Sts. c. 45, § 7, as his share of the expense of grading a sidewalk. In the Superior Court, the case was submitted upon an agreed statement of facts. Judgment was ordered for the plaintiffs, and the defendant alleged exceptions,
1Opinion of the CourtEndicott, J.
This case comes within the rule stated in Roxbury v. Nickerson, ante, 544.
The St. 1855, c. 43, gave cities and towns accepting the same, authority to establish and grade sidewalks, and assess upon the abutters one half of the expense thereof; such assessments to be *547a lien upon the abutting lands, as taxes are a lien upon real estate. This was the first general legislation on the subject. These provisions are reenacted in Gen. Sts. c. 45, §§ 7, 8. The method for collecting such assessments thus prescribed by the statutes must be followed, the lien must be enforced by a sale of the land, and a…
2Cases cited3 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- Willard v. WoodSupreme Court of the United States · 1890
- City of Clinton ex rel. Thornton v. Henry CountySupreme Court of Missouri · 1893
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- North End Auto Park, Inc. v. PETRINGA TRUCKING CO. INCMassachusetts Supreme Judicial Court · 1958
- Fred T. Ley & Co. v. SagalynMassachusetts Supreme Judicial Court · 1939
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