Legal Opinion

Custy v. City of Lowell

Massachusetts Supreme Judicial Court

Decided January 14, 1875PublishedCited by 14 opinions

Petition to the Superior Court, filed October 28, 1873, for leave to enter an appeal from an assessment upon the petitioner’s estate made July 21,1873, by the mayor and aldermen of Lowell, of a proportionate part of the expense of the construction of a sewer in South Street in that city; and alleging that on September 23, 1873, the petitioner gave the said mayor and -aldermen one month’s notice in writing of Ms intention to appeal.

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Petition to the Superior Court, filed October 28, 1873, for leave to enter an appeal from an assessment upon the petitioner’s estate made July 21,1873, by the mayor and aldermen of Lowell, of a proportionate part of the expense of the construction of a sewer in South Street in that city; and alleging that on September 23, 1873, the petitioner gave the said mayor and -aldermen one month’s notice in writing of Ms intention to appeal. In the Superior Court the petition was dismissed, and the petitioner appealed.

1Opinion of the CourtGray, C. J.

The application of the petitioner for a jury was required to be made within three months from the time when he received notice of the assessment of which he complains. Gen. Sts. c. 48, § 6. After the expiration of that period, the court had no jurisdiction of the subject matter of his application, and the want of jurisdiction might be taken advantage of at any time before judgment. Palmer v. Dayton, 4 Cush. 270. Eddy’s case, 6 Cush. 28. Eaton v. Framingham, Ib. 245. Elder v. Dwight Manuf. Co. 4 Gray, 201. Riley v. Lowell, ante, 76.

Judgment dismissing petition affirmed.

2Cited by14 opinions

  1. National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
  2. Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
  3. Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
  4. Cheney v. Assessors of the Town of DoverMassachusetts Supreme Judicial Court · 1910
  5. Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904

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