Legal Opinion

Cheney v. City of Beverly

Massachusetts Supreme Judicial Court

Decided May 17, 1905PublishedCited by 12 opinions

Petition, filed October 20,1902, and amended May 12, 1903, for a writ of certiorari to quash the proceedings of the mayor and aldermen of the city of Beverly in laying a sewer assessment on certain real estate of the petitioner on Arthur Street in that city. The case came on to be heard by Barker, J., who reserved it upon the amended petition, the return of the respondents and an agreed statement of facts for determination by the full court.

1Opinion of the CourtKnowLTON, C. J.

This is a petition for a writ of certiorari to quash an assessment of a part of the cost of construction of a sewer, upon the estates benefited thereby.

The sewer was constructed as a part of a system of sewers adopted by the town of Beverly by a vote of the inhabitants on March 6, 1893, m accordance with the provisions of the Pub. Sts. c. 50, § 7. This appears not only by the votes of the town, and subsequently by those of the board of aldermen of the city, but by the averment of the petition “ that said sewer was constructed as a part of the system of sewerage alleged to have been adopted by…

2Cases cited6 opinions

  1. White v. GoveMassachusetts Supreme Judicial Court · 1903
  2. Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
  3. Hall v. Street CommissionersMassachusetts Supreme Judicial Court · 1901
  4. Dexter v. City of BostonMassachusetts Supreme Judicial Court · 1900
  5. Weed v. Mayor & Aldermen of BostonMassachusetts Supreme Judicial Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McGarvey v. SwanWyoming Supreme Court · 1908
  2. Mullen v. Board of Sewer Commissioners of MiltonMassachusetts Supreme Judicial Court · 1932
  3. Corcoran v. Board of AldermenMassachusetts Supreme Judicial Court · 1908
  4. Hester v. Collector of TaxesMassachusetts Supreme Judicial Court · 1914
  5. City of Nashville v. Madison Park Land Co.Tennessee Supreme Court · 1927

7 more not listed; retrieve them via the Exa API.

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