McArthur Bro's v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed on July 18, 1906, under R. L. c. 201, as amended by St. 1905, o. 370, to enforce a claim against the Commonwealth for damages for the alleged breach of a contract made in behalf of the Commonwealth by the metropolitan water and sewerage board, the amount claimed being $400,000. In the Superior Court the petitioner made a motion before Sanderson, J., for the appointment of an auditor.
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Petition, filed on July 18, 1906, under R. L. c. 201, as amended by St. 1905, o. 370, to enforce a claim against the Commonwealth for damages for the alleged breach of a contract made in behalf of the Commonwealth by the metropolitan water and sewerage board, the amount claimed being $400,000. In the Superior Court the petitioner made a motion before Sanderson, J., for the appointment of an auditor. The motion was opposed by the respondent on the ground, among others, that the court had no authority to appoint an auditor. The judge made an order allowing the motion. The respondent excepted…
1Opinion of the CourtRugg, J.
This is a petition brought against the Commonwealth for damages alleged to have been suffered by the petitioner by reason of breaches, committed by the Commonwealth, acting through the metropolitan water and sewerage board, of *138contracts made by him with it. The aggregate of the sums demanded, as set forth in the petitioner’s statement of claim, is about 1390,000. The single question presented is whether an auditor can be appointed.
It is fundamental that under our jurisprudence the sovereign power cannot be impleaded in its own courts except by its consent, and then only in the precise manner…
2Cases cited28 opinions
- Hess v. ReynoldsSupreme Court of the United States · 1885
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
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3Cited by56 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Saint Luke's Hospital v. Labor Relations CommissionMassachusetts Supreme Judicial Court · 1946
- Broadhurst v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1977
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Simon v. State Examiners of ElectriciansMassachusetts Supreme Judicial Court · 1985
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