Murphy v. Webster
Massachusetts Supreme Judicial Court
Petition in equity, under the Gen. Sts. e. 18, § 79, by ten taxable inhabitants of the city of Lawrence, for an injunction to restrain the mayor of said city from drawing his order on the city treasurer authorizing him to pay from the funds of the city certain sums of money to twenty-two persons claiming to be police officers, to restrain the treasurer from paying said sums, and the twenty-two persons from receiving them.
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Petition in equity, under the Gen. Sts. e. 18, § 79, by ten taxable inhabitants of the city of Lawrence, for an injunction to restrain the mayor of said city from drawing his order on the city treasurer authorizing him to pay from the funds of the city certain sums of money to twenty-two persons claiming to be police officers, to restrain the treasurer from paying said sums, and the twenty-two persons from receiving them. The case was heard on the petition, answer, agreed facts and evidence, by Morton, J., who reported, for the consideration of the full court, and for the entry of such decree…
1Opinion of the CourtGray, C. J.
By the charter of the city of Lawrence, St. 1853, e. 70, a municipal government is established, with complete and distinct legislative and executive departments, subordinate, of course, to the Legislature of the Commonwealth. The legislative power is vested in the city council, consisting of two branches, the board of aldermen and the common council— as the Legislature of the Commonwealth or of the nation consists of a Senate and a House of Representatives. The executive power is vested in the mayor or in the mayor and aider-men — in analogy to the constitutional provisions which confer…
2Cases cited2 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Chandler v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
3Cited by21 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
- Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
- Driscoll v. Mayor of SomervilleMassachusetts Supreme Judicial Court · 1913
- Clark v. City Council of WalthamMassachusetts Supreme Judicial Court · 1951
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