Stone v. Heath
Massachusetts Supreme Judicial Court
Bill in equity praying for an injunction against the board of health of the town of Wakefield, to restrain them from entering on certain lands of the plaintiffs to abate an alleged nuisance, and from cqmmencing or prosecuting any proceedings against the plaintiffs on account of the alleged nuisance, filed February 8,1900. The defendants demurred on the grounds, that the plaintiffs had not stated a case which entitled them to relief in equity, and that they had an adequate…
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Bill in equity praying for an injunction against the board of health of the town of Wakefield, to restrain them from entering on certain lands of the plaintiffs to abate an alleged nuisance, and from cqmmencing or prosecuting any proceedings against the plaintiffs on account of the alleged nuisance, filed February 8,1900. The defendants demurred on the grounds, that the plaintiffs had not stated a case which entitled them to relief in equity, and that they had an adequate remedy at law. In the Superior Court Mason, C. J., made a decree sustaining the demurrer and dismissing the bill; and the…
1Opinion of the CourtMorton, J.
The defendants are the board of health of the town of Wakefield, and as such, it is alleged in the bill, have adjudged that a nuisance exists on the premises of the plaintiffs and have ordered them to abate it. The bill has been brought to restrain the defendants from entering on the plaintiffs’ premises and abating the alleged nuisance and also to enjoin them from commencing or prosecuting any proceedings against the plaintiffs on account of the alleged nuisance. There was a demurrer to the bill which was sustained and a decree was entered dismissing the bill. . The plaintiffs appealed.…
2Cases cited6 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. AldenMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- DiMaggio v. MYSTIC BUILDING WRECKING CO. INC.Massachusetts Supreme Judicial Court · 1960
- Durgin v. MinotMassachusetts Supreme Judicial Court · 1909
- StevensMassachusetts Supreme Judicial Court · 1917
- City of Lawrence v. Commissioners of Public WorksMassachusetts Supreme Judicial Court · 1945
7 more not listed; retrieve them via the Exa API.