Moore v. Sanford
Massachusetts Supreme Judicial Court
Bill in equity, filed February 6, 1889, against the harbor and land commissioners, by residents of New York and Arizona, owners of three undivided eightieths of a parcel of flats in that part of Boston called South Boston, taken by the commissioners, under the authority of the St. of 1884, c. 290, to set aside such taking as invalid. JSkowlton, J., reserved the case, upon the pleadings and agreed facts, for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtDeyens, J.
The first question presented by the report is whether the plaintiffs, by filing their petition under chapter 290 of the Acts of 1884, for the damages sustained by the taking of their lands under the authority given by that act, have admitted the validity of the taking, and thus waived any right by a proceeding such as that adopted in the case at bar to dispute the validity of the taking, and the constitutionality of the act assuming to authorize it.
This cause does not belong to that class of cases where the selection of one remedy necessarily implies that any other remedy, or any ground…
2Cases cited2 opinions
- Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
- Pitkin v. City of SpringfieldMassachusetts Supreme Judicial Court · 1873
3Cited by45 opinions
- Allydonn Realty Corp. v. Holyoke Housing AuthorityMassachusetts Supreme Judicial Court · 1939
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- KingmanMassachusetts Supreme Judicial Court · 1891
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
40 more not listed; retrieve them via the Exa API.