Schwarz v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover the amount of taxes paid under protest. The case was submitted to the Superior Court upon an agreed statement of facts, which contained no clause authorizing the court to draw inferences of fact, in substance as follows. In 1870 the city of Boston, for a valuable consideration paid by the German United Evangelical Lutheran and Reformed Society, conveyed a parcel of land to the plaintiff.
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Contract to recover the amount of taxes paid under protest. The case was submitted to the Superior Court upon an agreed statement of facts, which contained no clause authorizing the court to draw inferences of fact, in substance as follows. In 1870 the city of Boston, for a valuable consideration paid by the German United Evangelical Lutheran and Reformed Society, conveyed a parcel of land to the plaintiff. A house of religious worship was built on this land in the years 1870 and 1871, and has ever since been occupied by that society, of which the plaintiff was the pastor. At the time of such…
1Opinion of the CourtHolmes, J.
This case having been submitted upon an agreed statement of facts, and no power to draw inferences of fact having been given in express terms, the Superior Court was confined to ruling upon the effect of the facts stated as matter of law. The question here is, whether the ruling was right, not whether there was any evidence warranting a finding. Old Colony Railroad v. Wilder, 137 Mass. 536. Mayhew v. Durfee, 138 Mass. 584.
The plaintiff had other real estate which was rightly taxed to him, besides the church property which he held in trust. So had the Home Savings Bank in the years when the…
2Cases cited4 opinions
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Mayhew v. DurfeeMassachusetts Supreme Judicial Court · 1885
- Norcross v. Inhabitants of MilfordMassachusetts Supreme Judicial Court · 1889
3Cited by11 opinions
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Shruhan v. City of RevereMassachusetts Supreme Judicial Court · 1937
- Koppel v. Massachusetts Brick Co.Massachusetts Supreme Judicial Court · 1906
- Kelley v. BartonMassachusetts Supreme Judicial Court · 1899
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