City of Newton v. Joyce
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, June 6, 1895, under the St. of 1891, c. 220, § 4, to prevent the defendant, by injunction, from using and occupying certain premises in the city of Newton as a stable for the keeping of more than four horses therein. Trial before Sherman, J., who entered a decree, in accordance with the prayer of the bill; and the defendant appealed.
1Opinion of the CourtLathrop, J.
Section 1 of the St. of 1891, c. 220, is as follows : “ 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.”
It is not contended that the case comes within § 3 of the act, which provides that “ the foregoing provisions shall not be construed to prevent any such occupation and use authorized by law at the time of the passage of this act, to the extent authorized at that time,” as it does not appear that the defendant was…
2Cases cited8 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
- Commonwealth v. RobertsMassachusetts Supreme Judicial Court · 1892
- Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
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3Cited by29 opinions
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- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
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- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
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