Legal Opinion

Jenkins v. Inhabitants of Andover

Massachusetts Supreme Judicial Court

Decided November 15, 1869PublishedCited by 45 opinions

Petition filed under the Gen. Sts. c. 18, § 79, by ten and more taxable inhabitants of Andover, for an injunction to restrain such officers and committees of the town as the court should order, and the trustees of the Punchard Free School in said town, from doing or attempting to do anything under or by virtue-of the following votes passed at a town meeting July 0 1869, which votes the petitioners alleged to be in excess of the .awful authority of the town : “ Voted, That it…

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Petition filed under the Gen. Sts. c. 18, § 79, by ten and more taxable inhabitants of Andover, for an injunction to restrain such officers and committees of the town as the court should order, and the trustees of the Punchard Free School in said town, from doing or attempting to do anything under or by virtue-of the following votes passed at a town meeting July 0 1869, which votes the petitioners alleged to be in excess of the .awful authority of the town : “ Voted, That it is expedient that the town aid in rebuilding the Puncbard Free School.” “ Voted, That the town aid the trustees of the…

1Opinion of the Court

Chapman, C. J.*

1. The principal object of the bill is to restrain the officers of the town of Andover from proceeding to raise money under a vote of the town relating to the Pun chard Free School, which vote is alleged to be illegal because it is in violation of the eighteenth article of amendment in the Constitution, which is as follows: “ All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the state for the support of common schools, shall be applied to, and expended in, no other schools than those which are…

2Cited by45 opinions

  1. Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
  2. State v. BryanSupreme Court of Florida · 1905
  3. McDuffy v. Secretary of the Executive Office of EducationMassachusetts Supreme Judicial Court · 1993
  4. Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
  5. Kingman v. City of BrocktonMassachusetts Supreme Judicial Court · 1891

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