Legal Opinion

Sears v. Street Commissioners of Boston

Massachusetts Supreme Judicial Court

Decided May 18, 1899PublishedCited by 27 opinions

Three petitions for writs of certiorari to quash alleged erroneous assessments of taxes by the street commissioners of the city of Boston, made under St. 1897, c. 426, entitled “ An Act relative to the sewerage works of the city of Boston,” The first two cases were heard before Knowlton, J., and reserved by him upon the petitions, answers, and certain testimony for the consideration of the full court.

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Three petitions for writs of certiorari to quash alleged erroneous assessments of taxes by the street commissioners of the city of Boston, made under St. 1897, c. 426, entitled “ An Act relative to the sewerage works of the city of Boston,” The first two cases were heard before Knowlton, J., and reserved by him upon the petitions, answers, and certain testimony for the consideration of the full court. In the third case the respondents demurred, assigning as ground therefor that the petitioners had not stated “ any such case as entitles them in law to the remedy or relief prayed for ” against…

1Opinion of the CourtKnowlton, J.

These are petitions for a writ of certiorari to quash an alleged illegal assessment of sewer charges upon property of the several petitioners. The law under which the *351respondents assumed to act in determining these charges is the St. 1897, c. 426, of which the seventh and eighth sections are as follows:

“ Section 7. The Board of Street Commissioners, with the approval of the mayor, shall annually, before the first day of July, determine just and equitable sewerage charges to be paid by estates in said city for the construction, maintenance, and operation of the sewerage works, taking into…

2Cases cited23 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  3. Norwood v. BakerSupreme Court of the United States · 1898
  4. Stuart v. . PalmerNew York Court of Appeals · 1878
  5. Parsons v. District of ColumbiaSupreme Court of the United States · 1898

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3Cited by27 opinions

  1. White v. GoveMassachusetts Supreme Judicial Court · 1903
  2. Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
  3. Trustees of Phillips Academy v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1900
  4. Carson v. Brockton Sewerage CommissionSupreme Court of the United States · 1901
  5. King v. PortlandOregon Supreme Court · 1900

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