350 Mass. 100 | Mass. | 1966
The appellant taxpayers on September 2, 1965, filed with the Appellate Tax Board a claim of
The appellants on October 29, 1965, complied with the first three specified steps. The board of assessors on November 3,1965, moved to dismiss the appeal because of the omission of step 4. The affidavit of service was filed on November 8,1965. A single justice reserved and reported the motion.
We hold that the requirement of the filing of an affidavit of service within twenty days was not jurisdictional. Cohen v. Board of Registration in Pharmacy, 347 Mass. 96. Halko v. Board of Appeals of Billerica, 349 Mass. 465, 467-468. Opie v. Board of Appeals of Groton, 349 Mass. 730, 732-734. W. H. Lailer & Co. Inc. v. C. E. Jackson Co. 75 F. Supp. 827, 828 (D. Mass.). In New England Trust Co. v. Assessors of Boston, 308 Mass. 543, relied on by the assessors, the claim of appeal omitted required assignments of error. In Boston Five Cents Sav. Bank v. Assessors of Boston, 317 Mass. 694, the claim of appeal was not seasonably filed with the Appellate Tax Board. No prejudice or other basis for discretionary dismissal is shown.
The motion is to be denied.
So ordered.
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