City of Taunton v. Taylor
Massachusetts Supreme Judicial Court
Bill in equity in the name of the city of Taunton, and signed by Daniel L. Mitchell as mayor thereof, filed August 20,1872, and containing the following allegations: That by an ordinance of said city it is provided that “two members of the board of mayor and aldermen, and three members of the common council, are hereby constituted a board of health of the city of Taunton, with all the powers vested in boards of health by the general laws of the Commonwealth: ” and that two…
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Bill in equity in the name of the city of Taunton, and signed by Daniel L. Mitchell as mayor thereof, filed August 20,1872, and containing the following allegations: That by an ordinance of said city it is provided that “two members of the board of mayor and aldermen, and three members of the common council, are hereby constituted a board of health of the city of Taunton, with all the powers vested in boards of health by the general laws of the Commonwealth: ” and that two members of the board of aldermen, and three members of the common council, named in the bill, constituted the board of…
1Opinion of the CourtGray, C. J.
This is a bill in equity to restrain the exercise by the defendant of an offensive trade in violation of an order of the board of health of the city of Taunton. Various objections are made to the granting of the relief prayed for, but we are of opinion that none of them can be sustained.
1. By the Gen. Sts. c. 26, § 2, no different provision being made by law, the city council might appoint a joint committee of their body a board of health. By an ordinance of the city of Taunton, two members of the board of mayor and aldermen and three members of the common council were constituted such a…
2Cases cited4 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
- Nichols v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. PatchMassachusetts Supreme Judicial Court · 1867
3Cited by44 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Caires v. Building CommissionerMassachusetts Supreme Judicial Court · 1949
- Arthur D. Little, Inc. v. Commissioner of Health & HospitalsMassachusetts Supreme Judicial Court · 1985
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