Fisk v. City of Springfield
Massachusetts Supreme Judicial Court
Petition in equity filed August 27,1874, under the Gen. Sts. c. 18, § 79,* by ten taxable inhabitants of Springfield, to restrain the city council and all officers, agents and servants of the city, from carrying out the orders of the city council for the payment of money, or borrowing money on the notes of the city to pay for the damages caused by the alteration of the grades of Main Street and Chestnut Street in accordance with those orders, the substance of which is stated…
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Petition in equity filed August 27,1874, under the Gen. Sts. c. 18, § 79,* by ten taxable inhabitants of Springfield, to restrain the city council and all officers, agents and servants of the city, from carrying out the orders of the city council for the payment of money, or borrowing money on the notes of the city to pay for the damages caused by the alteration of the grades of Main Street and Chestnut Street in accordance with those orders, the substance of which is stated in the cases of Powers & Noyes v. City Council of Springfield, ante, 84, 87. The city demurred to the petition, and the…
1Opinion of the CourtGray, C. J.
The city council of Springfield being a tribunal having general jurisdiction of the subject of altering the grade of highways in the city, (as has been decided in the cases of Powers & Noyes v. City Council of Springfield, ante, 84, 87,) the validity of its orders as to such alterations of Main Street and Chestnut Street, and the payment of damages therefor, can only be impeached directly by a petition for a writ of certiorari to quash them, and not collaterally by a petition in equity to restrain the appropriation and payment of money under them.
Petition dismissed, with costs.
2Cited by7 opinions
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- Amory v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Prince v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Dube v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1941
- Reynolds v. Board of Appeal of SpringfieldMassachusetts Supreme Judicial Court · 1957
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