White v. Kenney
Massachusetts Supreme Judicial Court
Bill in equity, filed April 16,1892, praying that the defendants be enjoined from erecting, causing to be erected, or using a stable on a lot of land in Boston. Hearing before Lathrop, J., who ordered that the bill be dismissed, with costs, and reported the case for the determination of the full court. If the ruling was right, the decree was to be affirmed, with costs; if erroneous, the court was to make such order as justice and equity might require.
Read the full summary
Bill in equity, filed April 16,1892, praying that the defendants be enjoined from erecting, causing to be erected, or using a stable on a lot of land in Boston. Hearing before Lathrop, J., who ordered that the bill be dismissed, with costs, and reported the case for the determination of the full court. If the ruling was right, the decree was to be affirmed, with costs; if erroneous, the court was to make such order as justice and equity might require. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendants have received from the board of health of the city of Boston a license to erect their stable, granted after a public hearing at which the plaintiffs were represented. The license was issued under the St. of 1891, c. 220, which provides, in § 1, that “no person shall hereafter erect, occupy, or use any building in any city for a stable for more than four horses, unless first licensed so to do by the board of health of said city, and in such case only to the extent so licensed.” Section 4 makes punishable violations of the act, and provides that “ any court having equity…
2Cases cited4 opinions
- Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
- Quinn v. Middlesex Electric Light Co.Massachusetts Supreme Judicial Court · 1885
- Quinn v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1885
- Alter v. DodgeMassachusetts Supreme Judicial Court · 1886
3Cited by8 opinions
- City of Newton v. JoyceMassachusetts Supreme Judicial Court · 1896
- Board of Health v. TupperMassachusetts Supreme Judicial Court · 1912
- Murtha v. LovewellMassachusetts Supreme Judicial Court · 1896
- Whitcomb v. VigeantMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. PackardMassachusetts Supreme Judicial Court · 1904
3 more not listed; retrieve them via the Exa API.