Kelso v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover back the amount of a sewer assessment paid under protest. At the trial in the Municipal Court of the Charlestown District, the plaintiff offered to prove that an order, assessing various persons for the cost of repairs on a sewer in Essex and Lyndeboro’ streets, was passed by the mayor and aldermen of the city of Charlestown on December 15, 1873, and concurred in by the common council on December 22, 1873 ; that therein the plaintiff was charged with the…
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Contract to recover back the amount of a sewer assessment paid under protest. At the trial in the Municipal Court of the Charlestown District, the plaintiff offered to prove that an order, assessing various persons for the cost of repairs on a sewer in Essex and Lyndeboro’ streets, was passed by the mayor and aldermen of the city of Charlestown on December 15, 1873, and concurred in by the common council on December 22, 1873 ; that therein the plaintiff was charged with the sum of $12.03; that the collector of taxes advertised his estate for sale on December 21, 1874; that he attended at the…
1Opinion of the CourtEhdicott, J.
1. It was not competent for the plaintiff to prove that several persons who enter their drains into the sewer, or who by more remote means receive benefit thereby, were not included in the assessment, as provided in the Gen. Sts. c. 48, § 4. The plaintiff’s purpose was in this way to show that the assessment was invalid. But that question cannot be tried in this case; if the assessment was erroneous in that respect, it could have been revised on certiorari. Butler v. Worcester, 112 Mass. 541, 556.
2. The city ordinance had no relation to the assessment; and the assessment is not rendered…
2Cases cited1 opinion
- Butler v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
- Abbott v. FrostMassachusetts Supreme Judicial Court · 1904
- Bowditch v. Superintendent of StreetsMassachusetts Supreme Judicial Court · 1897
- Russell v. DeshonMassachusetts Supreme Judicial Court · 1878
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