City of Somerville v. Fiske
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment of the Superior Court, rendered upon a verdict of a jury reducing assessments, laid upon the estates of the defendants in error by the plaintiff in error, for the construction of a public park. Hearing before O. Allen, J., who affirmed the judgment, and reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
If we assume that the Superior Court, in the proceedings in this case, acted according to the course of the common law, yet we are of opinion that a writ of error is not the proper remedy for the plaintiff in error. The record does not show an erroneous judgment. The jury having reduced the amounts of the assessments made by the city council of Somerville, the petitioners were entitled to judgment for costs. St. 1871, c. 382, § 8. It appears that, before the trial, the petitioners applied for leave to make an amendment, and it was allowed, the question of terms being reserved for the further…
2Cited by5 opinions
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