Board of Health v. Tupper
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 9, 1908, amended by the filing of a substituted bill on February 25, 1909, and further amended on October 18, 1909, by the members of the board of health of the city of Worcester under R. L. c. 102, § 71, to restrain the defendant from completing the erection of a building designed to be used as a stable on the defendant’s land on Shirley Street in Worcester, from plumbing such building for stable purposes and from using…
Read the full summary
Bill in equity, filed in the Superior Court on March 9, 1908, amended by the filing of a substituted bill on February 25, 1909, and further amended on October 18, 1909, by the members of the board of health of the city of Worcester under R. L. c. 102, § 71, to restrain the defendant from completing the erection of a building designed to be used as a stable on the defendant’s land on Shirley Street in Worcester, from plumbing such building for stable purposes and from using and occupying it as a stable without a license for such plumbing and occupation granted by the plaintiffs under R. L. c.…
1Opinion of the CourtBraley, J.
The appeal from the interlocutory order overruling the demurrer is not before us, as no final decree has been entered. Forbes v. Tuckerman, 115 Mass. 115, 118, 119. Fuller v. Chapin, 165 Mass. 1, 3. But as the exceptions cover in scope the question whether proof of the allegations of the bill as amended makes out a case for equitable relief, as well as the *381question whether the evidence warranted the decree ordered, the defendant to this extent has all the advantage which he could have derived from the appeal. Ontario Bank v. Root, 3 Paige, 478. Small v. Boudinot, 1 Stockton, 381. Thompson v.…
2Cases cited20 opinions
- In Re DebsSupreme Court of the United States · 1895
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Spector v. Building InspectorMassachusetts Supreme Judicial Court · 1924
- Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
- Town of Lexington v. BeanMassachusetts Supreme Judicial Court · 1930
- Goldstein v. ConnerMassachusetts Supreme Judicial Court · 1912
20 more not listed; retrieve them via the Exa API.