City of Lowell v. Archambault

This is a bill in equity brought under the R. L. c. 102, § 71, to enjoin the defendant from occupying and using a stable in violation of the provisions of § 69 of the same chapter. In the Superior Court the case was submitted on agreed facts, and a decree was entered in favor of the plaintiff. The case comes before us on an appeal by the defendant.

It appears that the defendant, who is engaged in the business of an undertaker, desiring to erect on his land a stable to be used in connection therewith, applied to the board of health for *71a license to permit him to occupy and use the building when…