Legal Opinion

Brodbine v. Inhabitants of Revere

Massachusetts Supreme Judicial Court

Decided February 26, 1903PublishedCited by 66 opinions

Appeal, under St. 1890,> e. 127, and acts in amendment thereof, from a decision of the assessors of taxes of the town of Revere upon a petition filed November 3, 1900. In the Superior Court the case was heard by Bond, J., upon the report of a commissioner appointed under the statute.

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Appeal, under St. 1890,> e. 127, and acts in amendment thereof, from a decision of the assessors of taxes of the town of Revere upon a petition filed November 3, 1900. In the Superior Court the case was heard by Bond, J., upon the report of a commissioner appointed under the statute. The judge refused to make the rulings requested by the respondent, and found for the petitioner in the sum of $244.68. The respondent alleged exceptions, raising the questions stated by the court.

1Opinion of the CourtKnowlton, C. J.

The respondent’s first contention is that the petitioner’s appeal cannot avail him because it was entered before the expiration of thirty days from the notice of the decision of the assessors, given in writing to the appellant. This objection was not taken until after the evidence was closed and the argument was begun before the commissioner. The respondent had duly appeared and filed an agreement in writing for the appointment of a commissioner, and had been fully heard before him. This action on its part was a waiver of its right to object to the jurisdiction by reason of the early entry of…

2Cases cited15 opinions

  1. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  2. People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
  3. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  4. National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
  5. KingmanMassachusetts Supreme Judicial Court · 1891

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3Cited by66 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  3. Tri-Nel Management, Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2001
  4. Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
  5. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943

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