Carbone, Inc. v. Kelly

This is a petition for a writ of mandamus to compel the board, of assessors of Boston to issue to the petitioner a certificate under G. L. (Ter. Ed.) c. 59, § 70, to the effect that thé tax for the year 1933 has been abated upon premises on Congress Street in Boston occupied by the' petitioner as a' tenant “paying taxes in full on said premises.” The single justice ordered “that the petition be dismissed as a matter of law and not as a matter of discretion,” and reported the case.

We assume in favor of the petitioner that it was “A person aggrieved” and therefore entitled to apply to the…