Carlton v. City of Salem
Massachusetts Supreme Judicial Court
Petition by ten and more taxable inhabitants of the city of Salem, alleging that the city council, in disregard of § 13 of the St. of 1864, c. 268, had by an ordinance established merely nominal rates for the use of the water introduced into the city from Wenham Pond under that statute, and that a board of water commissioners, established by another ordinance of the city council, had made certain contracts under the first named ordinance to supply families and manufacturing…
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Petition by ten and more taxable inhabitants of the city of Salem, alleging that the city council, in disregard of § 13 of the St. of 1864, c. 268, had by an ordinance established merely nominal rates for the use of the water introduced into the city from Wenham Pond under that statute, and that a board of water commissioners, established by another ordinance of the city council, had made certain contracts under the first named ordinance to supply families and manufacturing corporations with the water at merely nominal prices; that it was the intention of the city by these acts “to distribute…
1Opinion of the CourtMorton, J.
We are of opinion that the court has no jurisdiction in equity in this case, and that the demurrer must be sustained.
The Gen. Sts. c. 18, § 79, provide that “ when a town votes to raise by taxation or pledge of its credit, or to pay from its treasury, any money, for a purpose other than those for which it has the legal right and power, the supreme judicial court may, upon the suit or petition of not less than ten taxable inhabitants thereof, briefly setting forth the cause of complaint, hear and determine the same in equity.” Assuming that all the facts alleged in the bill are true, yet the…
2Cited by19 opinions
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Mead v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1885
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
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