STONE v. SPRINGFIELD


341 Mass. 246 (1960)

168 N.E.2d 76

LELAND A. STONE vs. CITY OF SPRINGFIELD.

Supreme Judicial Court of Massachusetts, Hampden.

June 24, 1960.


Attorney(s) appearing for the Case

Philip E. Saks, for the plaintiff.

Cosmo M. Ansara, Assistant City Solicitor, for the defendant.

Present: WILKINS, C.J., SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

This is an action under G.L.c. 60, § 98,1 to recover real estate taxes paid under protest. A District Court judge sustained a demurrer which asserted (1) that no cause of action under § 98 had been stated; (2) that the exclusive remedy was by abatement proceedings (G.L.c. 59, §§ 59-74); and (3) that the taxpayer improperly seeks to recover the total taxes paid instead...

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