City of Lawrence v. Webster
Massachusetts Supreme Judicial Court
Contract, to recover the amount of an assessment upon the defendant for the expense of filling his land in the plaintiff city, under the provisions of St. 1890, c. 59. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion. The case was argued at the bar in November, 1896, and after-wards was submitted on briefs to all the judges.
1Opinion of the CourtBarker, J.
The plaintiff acting under the provisions of St. 1890, c. 59, has filled the defendant’s land, assessed upon him a part of the expense of such filling, and seeks in this suit at law, under St. 1890, c. 59, § 5, to collect the amount so assessed. The defendant contends that the action will not lie, because there was no attempt before filling the lands to agree with him as to the manner of filling and the mode of payment therefor, because there was no sufficient notice of the assessment, and because the statement of the assessment sent to him through the mail was not properly served upon him.
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2Cases cited5 opinions
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
- Pickford v. Mayor & Aldermen of LynnMassachusetts Supreme Judicial Court · 1868
- Ætna Mills v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1879
- Russell v. WellingtonMassachusetts Supreme Judicial Court · 1892
- Burt v. BrighamMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Costello v. Board of Appeals of LexingtonMassachusetts Appeals Court · 1975
- Owens v. City of MarionSupreme Court of Iowa · 1905
- Town of Ketchikan v. ZimmermanDistrict Court, D. Alaska · 1910