Weed v. Mayor & Aldermen of Boston
Massachusetts Supreme Judicial Court
Petition, filed January 12, 1895, for a writ of certiorari, to quash certain sewer assessments made under St. 1892, c. 402, entitled “An Act relating to sewers in the city of Boston.” Hearing before Morton, J., who reported the case for the consideration of the full court upon two questions which are stated in the opinion.
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Petition, filed January 12, 1895, for a writ of certiorari, to quash certain sewer assessments made under St. 1892, c. 402, entitled “An Act relating to sewers in the city of Boston.” Hearing before Morton, J., who reported the case for the consideration of the full court upon two questions which are stated in the opinion. If either of them should be answered in the negative, the petition was to be dismissed; if both should be answered in the affirmative, the writ was to issue.
1Opinion of the CourtField, C. J.
As the case was heard upon the petition and answer, all material facts well alleged in the answer, and all material facts well alleged in the petition which are not denied or put in issue by the answer, and are consistent with the record of the respondents, must be taken to be true. This is in accordance with the practice which has been adopted in proceedings *29like the present, when the case is set down for hearing on petition and answer. Collins v. Holyoke, 146 Mass. 298. The case has been reserved upon the following questions: “1. Whether certiorari is the proper remedy ? 2. Whether the…
2Cases cited15 opinions
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- Thomas v. GainMichigan Supreme Court · 1876
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- Clapp v. City of HartfordSupreme Court of Connecticut · 1868
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