Hodgdon v. City of Haverhill
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 3,1906, under R. L. c. 25, § 100, by ten taxable inhabitants of the city of Haverhill, against “ the city of Haverhill, represented by Roswell L. Wood as mayor, and its boards of common council and aldermen by non-registered vote, and Arthur T. Jacobs as treasurer, the Commonwealth of Massachusetts, represented by Joseph N. Peterson, Josiah Prickett and George Howland Cox as armory commissioners, and Arthur B.…
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Bill in equity, filed in the Supreme Judicial Court on January 3,1906, under R. L. c. 25, § 100, by ten taxable inhabitants of the city of Haverhill, against “ the city of Haverhill, represented by Roswell L. Wood as mayor, and its boards of common council and aldermen by non-registered vote, and Arthur T. Jacobs as treasurer, the Commonwealth of Massachusetts, represented by Joseph N. Peterson, Josiah Prickett and George Howland Cox as armory commissioners, and Arthur B. Chapin as treasurer and receiver general, and John M. Roche armory contractor,” praying that the statutes relating to the…
1Opinion of the CourtSheldon, J.
This cause was heard before a single justice of this court upon the bill, the answer of the city of Haverhill, and a motion to dismiss by the Commonwealth, and comes before us upon the plaintiffs appeal from a decree dismissing the bill.
It is plain that the bill cannot be maintained against the Commonwealth. No statutory permission for such a procedure has been brought to our attention, nor are we aware of any legis*408lation authorizing it. In the absence of such legislation the Commonwealth cannot be impleaded in its own courts. Nash v. Commonwealth, 174 Mass. 335, 338, and cases there cited.…
2Cases cited14 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- KingmanMassachusetts Supreme Judicial Court · 1891
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
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3Cited by20 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Horrigan v. Mayor of PittsfieldMassachusetts Supreme Judicial Court · 1937
- State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
15 more not listed; retrieve them via the Exa API.