Greenhood v. MacDonald
Massachusetts Supreme Judicial Court
Bill in equity, filed September 11, 1902, to restrain the collector of the city of Boston from collecting several annual instalments, for past and future years, of an assessment for the cost of the construction of Abbotsford Street in that city under the provisions of St. 1891, c. 323, and acts in amendment thereof and addition thereto. The defendant demurred. The Superior Court made a decree sustaining the demurrer and dismissing the bill. The plaintiff appealed.
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Bill in equity, filed September 11, 1902, to restrain the collector of the city of Boston from collecting several annual instalments, for past and future years, of an assessment for the cost of the construction of Abbotsford Street in that city under the provisions of St. 1891, c. 323, and acts in amendment thereof and addition thereto. The defendant demurred. The Superior Court made a decree sustaining the demurrer and dismissing the bill. The plaintiff appealed. The case was argued at the bar in December, 1902, before Knowlton, Morton, Lathrop, Barker, $ Hammond, JJ., and afterwards was…
1Opinion of the CourtHammond, J.
The bill seeks to have an assessment declared: invalid,
First. Because the statute under which it is laid is unconstitutional so far as it “ served as the basis ” for the making of the assessment.
Second. Because not all the parcels of land required by the act to be included in the assessment were so included.
Third. Because the laws relating to the manner in which the work of construction should have been done were violated.
And it prays that the defendant be enjoined from collecting said assessment either by demand upon the plaintiff or by sale of the land.
The prompt and unembarrassed…
2Cited by3 opinions
- Meenes v. GoldbergMassachusetts Supreme Judicial Court · 1954
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Webber Lumber Co. v. ShawMassachusetts Supreme Judicial Court · 1905