Bigelow v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover back the amount of a betterment tax, assessed by the board of aldermen of the city of Boston, upon .the estate of the plaintiff, fronting on Shawmut Avenue, and paid under protest.
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Contract to recover back the amount of a betterment tax, assessed by the board of aldermen of the city of Boston, upon .the estate of the plaintiff, fronting on Shawmut Avenue, and paid under protest. The case was submitted to this court upon an agreed statement of facts in substance as follows : By an order passed by the board of aldermen of the city of Boston on August 29, 1870, and approved by the mayor on October 10, 1870, Shawmut Avenue was widened and extended from Dover Street to Tremont Street, taking a part of the plain* tiff’s land. The board of street commissioners was duly…
1Opinion of the CourtSoule, J.
Whenever jurisdiction of a subject matter is transferred by statute from an existing tribunal to a new one, the original tribunal loses, at once, all power to originate proceedings in relation to that subject matter, and, unless the statute contains a provision that it shall not affect pending proceedings, all right to complete proceedings already in progress. This is so, whether the statute repeals the law which gave jurisdiction to the original tribunal in express terms, or only by implication. New London Northern Railroad v. Boston & Albany Railroad, 102 Mass. 386.
The St. of 1871, c. 217,…
2Cases cited3 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- Prince v. City of BostonMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Eaton v. BurkeSupreme Court of New Hampshire · 1890
- Knowles v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Folan v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1927