Breed v. City of Lynn
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the St. of 1871, o. 382, for a jury to revise an assessment of betterments upon the estate of the petitioner. In the Superior Court, when the case was reached for trial, it was stated to the court, and agreed by both parties, that, since this petition was brought, the Supreme Judicial Court, upon a petition for a writ of certiorari, had adjudged that the assessment which this petition was brought to revise was void ab initia.
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Petition to the Superior Court, under the St. of 1871, o. 382, for a jury to revise an assessment of betterments upon the estate of the petitioner. In the Superior Court, when the case was reached for trial, it was stated to the court, and agreed by both parties, that, since this petition was brought, the Supreme Judicial Court, upon a petition for a writ of certiorari, had adjudged that the assessment which this petition was brought to revise was void ab initia. The petitioner contended that he had the right to go to a jury; and that he was entitled to a verdict reducing the assessment to…
1Opinion of the CourtSoule, J.
This petition to the Superior Court for the revision by a jury of an assessment of betterments, under the St. of 1871, e. 382, is not a civil action, within the meaning of that term as used in the Gen. Sts. e. 156, § 1; and the right of the prevailing party to costs, in proceedings under such petition, is not determined by that section. It is not a new and original action, nor a process to reverse a judgment already rendered, but is only a step in the cause begun before the proper board of officers of the city of Lynn, which suspends all proceedings to enforce the assessment by that board,…
2Cases cited4 opinions
- New Haven & Northampton Co. v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1869
- Hitchcock v. Board of AldermenMassachusetts Supreme Judicial Court · 1876
- Drury v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Bigelow v. City of BostonMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Glenn Acres, Inc. v. Cliffwood Corp.Massachusetts Supreme Judicial Court · 1967
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1930