Legal Opinion

Workman v. City of Worcester

Massachusetts Supreme Judicial Court

Decided September 6, 1875PublishedCited by 23 opinions

Petition on the St. of 1867, e. 106, § 4,* for a jury, the petitioner alleging that she had been aggrieved by the doings of the mayor and aldermen of the city of Worcester in the assessment upon her of a sewer tax, which the respondent justified as laid under that statute.

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Petition on the St. of 1867, e. 106, § 4,* for a jury, the petitioner alleging that she had been aggrieved by the doings of the mayor and aldermen of the city of Worcester in the assessment upon her of a sewer tax, which the respondent justified as laid under that statute. Trial in the Superior Court, before Brigham,, C. J., who allowed a bill of exceptions in substance as follows: The voters of the city voted to accept the St. of 1867, a. 106, on April 16, 1867. On January 19, 1872, the board of mayor and aldermen passed the following order: “ That the sum of four hundred and fifty thousand…

1Opinion of the CourtGray, C. J.

1. By virtue of the Gen. Sts. c. 3, § 6, the St. of 1867, c. 106, like all other statutes of the Commonwealth, took effect on the thirtieth day after the day of its passage, unless and except so far as a different time was prescribed in the act itself. By § 6 of the St. of 1867, the act was to be void unless approved by a majority of voters at ward meetings “ within one year from the passage of this act.” Such acceptance might therefore be at any time after the passage of the act, even before the expiration of the thirty days. Johnson v. Fay, 16 Gray, 144. Commonwealth v. Bennett, 108 Mass.…

2Cases cited5 opinions

  1. Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
  2. Brewer v. City of SpringfieldMassachusetts Supreme Judicial Court · 1867
  3. Butler v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
  4. Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1869
  5. Patton v. City of SpringfieldMassachusetts Supreme Judicial Court · 1868

3Cited by23 opinions

  1. KingmanMassachusetts Supreme Judicial Court · 1891
  2. Osborn v. Charlevoix Circuit JudgeMichigan Supreme Court · 1897
  3. Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
  4. Barber Asphalt Paving Co. v. WattSupreme Court of Louisiana · 1899
  5. Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877

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