Whiting v. Mayor & Aldermen of Boston
Massachusetts Supreme Judicial Court
The first of these suits was a petition filed May 7,1870, for a writ of certiorari, to be directed to the mayor and aldermen of the city of Boston, ordering them to return into this court the record of their doings in laying out and grading Oliver Street, Washington Square and Belmont Street in Boston, under the St. of 1865, c. 159,* alleging that assessments had been unlawfully made on the estate of the petitioners abutting thereon.
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The first of these suits was a petition filed May 7,1870, for a writ of certiorari, to be directed to the mayor and aldermen of the city of Boston, ordering them to return into this court the record of their doings in laying out and grading Oliver Street, Washington Square and Belmont Street in Boston, under the St. of 1865, c. 159,* alleging that assessments had been unlawfully made on the estate of the petitioners abutting thereon. The second was a bill in equity, praying that the mayor and aldermen might be restrained from collecting said assessments. The cases were heard together before…
1Opinion of the CourtWells, J.
These suits grow out of the proceedings of the mayor and aldermen of the city of Boston in widening, laying out and grading Oliver and Belmont Streets, under the St. of 1865, c. 159. The determination so to widen and lay out said street was made and recorded within one year from the passage of the act, as therein required. The validity of that act, and of the powers thereby conferred upon the mayor and aldermen, were fully considered and settled in the case of Dorgan v. Boston, 12 Allen, 223.
*93The mayor and aldermen have proceeded to widen and lay out the street; to assess and pay the damages…
2Cases cited1 opinion
- Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1868
3Cited by26 opinions
- Youngblood v. SextonMichigan Supreme Court · 1875
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Foster v. Board of Park CommissionersMassachusetts Supreme Judicial Court · 1882
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
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