White v. Gove
Massachusetts Supreme Judicial Court
Bill in equity, filed December 24, 1900, to remove a cloud from the title of the plaintiff to certain land in that part of Boston called Brighton, by declaring void a deed to the defendant under a sale by the collector of taxes of the city of Boston for non-payment of a sewer assessment under St. 1892, c. 402, alleged to be unconstitutional. The case was heard by Loring, J., who made a decree that the bill be dismissed with costs; and the plaintiff appealed.
Read the full summary
Bill in equity, filed December 24, 1900, to remove a cloud from the title of the plaintiff to certain land in that part of Boston called Brighton, by declaring void a deed to the defendant under a sale by the collector of taxes of the city of Boston for non-payment of a sewer assessment under St. 1892, c. 402, alleged to be unconstitutional. The case was heard by Loring, J., who made a decree that the bill be dismissed with costs; and the plaintiff appealed. Within thirty days after the entry of the decree, the plaintiff filed a motion that the decree be vacated and that a rehearing be…
1Opinion of the CourtKnowltoh, C. J.
The principal question in this case is whether a certain assessment for the construction of a sewer, made under St. 1892, c. 402, is valid. Upon facts before the court in two previous cases, this statute was said to be unconstitutional. Weed v. Mayor & Aldermen of Boston, 172 Mass. 28. Dexter v. Boston, 176 Mass. 247. In Lorden v. Coffey, 178 Mass. 489, a similar statute was held unconstitutional. Lately it has been contended before us at different times that the decisions of the Supreme Court of the United States in French v. Barber Asphalt Paving Co. 181 U. S. 324, and the numerous cases…
2Cases cited16 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Emerson College v. City of BostonMassachusetts Supreme Judicial Court · 1984
- In re KeenanMassachusetts Supreme Judicial Court · 1943
- Day v. MillsMassachusetts Supreme Judicial Court · 1913
- Attorney General v. Electric Storage Battery Co.Massachusetts Supreme Judicial Court · 1905
60 more not listed; retrieve them via the Exa API.