Welch v. Emerson
Massachusetts Supreme Judicial Court
Bill in equity, filed by more than ten taxable inhabitants of the town of Methuen on September 1, 1908, under R. L. c. 25, § 100, seeking to enjoin the payment of sums of money alleged to be in excess of lawful salaries to the defendants who held the offices of assessors, selectmen, overseers of the poor and members of the board of health of the town, and to compel the repayment to the town of sums already so paid.
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Bill in equity, filed by more than ten taxable inhabitants of the town of Methuen on September 1, 1908, under R. L. c. 25, § 100, seeking to enjoin the payment of sums of money alleged to be in excess of lawful salaries to the defendants who held the offices of assessors, selectmen, overseers of the poor and members of the board of health of the town, and to compel the repayment to the town of sums already so paid. The case was heard by Fessenden, J., upon the bill, answer and an agreed statement of facts and was reserved for determination by this court. The facts are stated in the opinion.…
1Opinion of the CourtBraley, J.
The town of Methuen at the annual meeting held on March 2, 1908, having voted, “ That the salaries of the selectmen, overseers of the poor, assessors, and board of health, be $1,200 per annum, or $400 for each individual,” this bill in equity is brought, under R. L. c. 25, § 100, by ten and more of the inhabitants and taxpayers, to enjoin payment from the treasury of any charges for services by the defendants who held these offices, in excess of this amount, and to recover back for the use of the town the sums previously paid to each of them in alleged violation of the vote. By the R. L. c.…
2Cases cited3 opinions
- Walker v. CookMassachusetts Supreme Judicial Court · 1880
- Alger v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1875
- Musick v. RayCourt of Appeals of Kentucky · 1861
3Cited by11 opinions
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
- Morse v. City of BostonMassachusetts Supreme Judicial Court · 1927
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
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