Greenough v. Inhabitants of Wakefield
Massachusetts Supreme Judicial Court
Bill in equity, filed June 5, 1878, by twelve taxable inhabitants of the town of Wakefield, for an injunction to restrain the defendant from paying the sum of $650 to the C. Wakefield Engine Company, according to a vote of the town. Hearing before Morton, J., who reserved for the consideration of the full court the question whether, upon the facts, which are stated in the opinion, the town could legally pass such vote.
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Bill in equity, filed June 5, 1878, by twelve taxable inhabitants of the town of Wakefield, for an injunction to restrain the defendant from paying the sum of $650 to the C. Wakefield Engine Company, according to a vote of the town. Hearing before Morton, J., who reserved for the consideration of the full court the question whether, upon the facts, which are stated in the opinion, the town could legally pass such vote. If it could, the injunction was to be dissolved and the bill dismissed ; otherwise, the injunction was to be made perpetual.
1Opinion of the CourtMorton, J.
It appears by the report that the “ C. Wakefield Engine Company ” is a private organization, owning an engine in the town of Wakefield; that the town has a fire department duly established; that, in May 1877, the company applied to the engineers to have the members appointed enginemen; that the engineers declined to appoint them; that the company kept up its organization and turned out at fires during the year from May 1, 1877, to May 1, 1878, rendering the same service as the other engine companies in the town ; and that on June 3, 1878, at a meeting of the town duly called, it was “voted,…
2Cases cited1 opinion
- Friend v. GilbertMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Attorney General v. City of LowellMassachusetts Supreme Judicial Court · 1923
- Whittaker v. City of SalemMassachusetts Supreme Judicial Court · 1914
- Thorndike v. Inhabitants of CamdenSupreme Judicial Court of Maine · 1889
- Jones v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1929
- Swift v. Inhabitants of FalmouthMassachusetts Supreme Judicial Court · 1896