Haven v. County Commissioners of Essex
Massachusetts Supreme Judicial Court
Petition for a writ of certiorari to quash proceedings of the County Commissioners of Essex in refusing to abate a tax assessed upon the petitioner in the town of Beverly. The case was reserved by Morton, J. for the consideration of the full court, and appears in the opinion.
1Opinion of the CourtAllen, J.
On a petition for a writ of certiorari, the whole case is heard upon the petition. The reason of this is to enable the court to determine whether substantial justice requires the proceedings of the inferior tribunal to be quashed. If the case were heard merely upon the record, the discovery of errors would lead to quashing the proceedings. But as the writ of certiorari is only to be granted in the discretion of the court, when it is found that substantial justice has not been done by reason of some error in law, and as it will not be granted merely to enable the applicant to take advantage of…
2Cases cited9 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Inhabitants of Tewksbury v. County CommissionersMassachusetts Supreme Judicial Court · 1875
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1877
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3Cited by28 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Boston Gas Co. v. Assessors of BostonMassachusetts Supreme Judicial Court · 1956
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Maher v. CommonwealthMassachusetts Supreme Judicial Court · 1935
23 more not listed; retrieve them via the Exa API.