Prince v. City of Boston
Massachusetts Supreme Judicial Court
Petition in equity, under the Pub. Sts. c. 27, § 129, filed on May 6, 1887, by ten taxable inhabitants of the city of Boston, brought originally against the city alone, to restrain it from raising or appropriating moneys to pay the salaries and expenses of its board of police, and the expenses of its police department upon the requisition of such board.
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Petition in equity, under the Pub. Sts. c. 27, § 129, filed on May 6, 1887, by ten taxable inhabitants of the city of Boston, brought originally against the city alone, to restrain it from raising or appropriating moneys to pay the salaries and expenses of its board of police, and the expenses of its police department upon the requisition of such board. The bill, among other things not material, alleged that on or about July 23, 1885, the Governor, by virtue of the provisions of the St. of 1885, c. 323, appointed as members of the board of police of the city of Boston three persons, who…
1Opinion of the CourtMorton, C. J.
An interesting question of jurisdiction lies at the threshold of this case. The suit is brought under § 129 of the Pub. Sts. c. 27, which provides: “ When a town votes to raise by taxation or pledge of its credit, or to pay from its treasury, any money for a purpose other than those for which it has the legal right and power, the Supreme Judicial Court may upon the suit or petition of not less than ten taxable inhabitants thereof, briefly setting forth the cause of complaint, hear and determine the same in equity.” The relief sought is that the city of Boston should be enjoined from raising…
2Cases cited1 opinion
- Fisk v. City of SpringfieldMassachusetts Supreme Judicial Court · 1874
3Cited by20 opinions
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
- Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
- Hill v. Trustees of Glenwood CemeteryMassachusetts Supreme Judicial Court · 1948
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
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