Prince v. City of Boston
Massachusetts Supreme Judicial Court
■ Petition by Frederick 0. Prince and William Gr. Prince, for a writ of certiorari, to be directed to the board of aldermen of the city of Boston, ordering them to return into this court the record of their doings touching the assessment upon an estate of the petitioners on Devonshire Street in Boston of a portion of the expense of widening said street, that the same might be quashed as erroneous.
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■ Petition by Frederick 0. Prince and William Gr. Prince, for a writ of certiorari, to be directed to the board of aldermen of the city of Boston, ordering them to return into this court the record of their doings touching the assessment upon an estate of the petitioners on Devonshire Street in Boston of a portion of the expense of widening said street, that the same might be quashed as erroneous. The petition alleged that the board of aldermen, by an order passed March 16,1868, reciting that in their opinion the safety and convenience of the inhabitants required that Devonshire Street should…
1Opinion of the CourtAmes, J.
The proceedings of the board of aldermen, in the matter of the widening of the street in question, were instituted under the St. of 1866, c. 174. The subsequent repeal of one section in that statute by the St. of 1868, e. 276, was- accompanied with the saving clause, that it should not affect any rights or liabilities already accrued. According to the decision in Jones v. Boston, 104 Mass. 461, the liability of the petitioners to be assessed was not affected by the St. of 1868.
The first reason assigned in the petition for holding the assessment to be unauthorized and void is substantially…
2Cases cited3 opinions
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Whiting v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1870
- Codman v. JohnsonMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Messmore's EstateSupreme Court of Pennsylvania · 1928
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Benton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1890
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