Troy & Greenfield Railroad v. Commonwealth
Massachusetts Supreme Judicial Court
Bill in equity, filed January 20, 1879, the allegations of which, so far as it is now necessary to state them, were as follows : On May 10, 1848, the plaintiff was incorporated by the St. of 1848, c. 307, and authorized to construct a railroad from the tau n of Greenfield in this Commonwealth to connect with a railroad to be constructed from the city of Troy in the state of New York.
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Bill in equity, filed January 20, 1879, the allegations of which, so far as it is now necessary to state them, were as follows : On May 10, 1848, the plaintiff was incorporated by the St. of 1848, c. 307, and authorized to construct a railroad from the tau n of Greenfield in this Commonwealth to connect with a railroad to be constructed from the city of Troy in the state of New York. Oh July 28, 1855, under the St. of 1854, e. 226, an act authorizing the Commonwealth to lend its credit, to the amount of $2,000,000, to enable the plaintiff to construct a tunnel and railroad through the Hoosac…
1Opinion of the CourtGray, C. J.
It is a fundamental principle of ouT jurispra? dence, that the Commonwealth cannot be impleaded in its own courts, except by its own consent clearly manifested by act of the Legislature; and this principle is applicable to actions to recover real estate, and to bills in equity to enforce trusts, or to foreclose or redeem mortgages. The distinction suggested in the ease of The Charkieh, L. R. 4 Ad. & Ec. 59, cited in the able and learned argument for the plaintiff, as to a foreign sovereign assuming the character of a trader, cannot be entertained by the courts of the government against which…
2Cases cited5 opinions
- United States v. ClarkeSupreme Court of the United States · 1834
- Curran v. ArkansasSupreme Court of the United States · 1853
- Carr v. United StatesSupreme Court of the United States · 1879
- The DavisSupreme Court of the United States · 1870
- Sewall v. LeeMassachusetts Supreme Judicial Court · 1812
3Cited by21 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. ELM Medical Laboratories, Inc.Massachusetts Appeals Court · 1992
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