Town of North Reading v. Drinkwater

The suit comes before this court on reservation and report by a judge of the Superior Court upon a case *201stated. G. L. (Ter. Ed.) e. 214, § 31. There was no final decree, no ruling as to the form the decree should take, and no statement of any terms of reservation. See Thompson v. Barry, 184 Mass. 429, 431; Hildreth v. Thibodeau, 186 Mass. 83, 85; Daly v. Foss, 209 Mass. 470, 473-474.

The question is presented whether a by-law of the plaintiff town is valid. All formalities required for its adoption were complied with. Both parties concede that it was adopted under the provisions of G. L. (Ter.…