Smith v. Mayor of Worcester
Massachusetts Supreme Judicial Court
Petition, filed November 27, 1901, and amended March 26, 1902, for a writ of certiorari to quash the proceedings of the board of aldermen of the city of Worcester in laying a sewer assessment upon the owners of estates abutting- on Mott Street in that city under provisions of St. 1867, c. 106, § 4, alleged to be unconstitutional.
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Petition, filed November 27, 1901, and amended March 26, 1902, for a writ of certiorari to quash the proceedings of the board of aldermen of the city of Worcester in laying a sewer assessment upon the owners of estates abutting- on Mott Street in that city under provisions of St. 1867, c. 106, § 4, alleged to be unconstitutional. The respondents demurred, and the case was reserved by Morton, J. upon the petition as amended and the demurrer for determination by the full court. If the demurrer was sustained the bill was to be dismissed; otherwise, such disposition was to be made of the case as…
1Opinion of the CourtHolmes, C. J.
This is a petition for a writ of certiorari to quash a sewer assessment levied under St. 1867, c. 106. The question whether the petition can be sustained was reserved by a single justice of this court.
We are asked to declare the statute unconstitutional on the ground that the assessment which it purports to authorize may exceed the benefit to the estate assessed, and therefore is bad under the recent decisions of this court. Sears v. Street Commissioners, 173 Mass. 350. Dexters. Boston, 176 Mass. 247, 251. Lorden v. Coffey, 178 Mass. 489. It is admitted that the statute has been before the…
2Cases cited22 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
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3Cited by18 opinions
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1927
- S. S. White Dental Manufacturing Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1912
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