Hartnett v. Plumbers' Supply Ass'n of New England
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 186, § 17, for leave to file an information in the nature of a quo warranto. Hearing before Allen, J., who dismissed the petition, with costs; and, the petitioner having appealed, reported the case for the consideration of the full court. The facts appear in the opinion. The case was argued at the bar in March, 1897, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtBarker, J.
The statutory provisions under which this petition is brought were introduced by St. 1851, c. 233, §§ 55-64, and have been continued in force without much change. See St. 1852, c. 312, §§ 42-50; Gen. Sts. c. 145, §§ 16-24; Pub. Sts. c. 186, §§ 17—25. In plain and positive terms they purport *230to give relief to any person whose private right or interest has been injured, or is put in hazard, by the exercise by any private corporation of a franchise or privilege not conferred by law. In the earliest cause in which they were considered, it was said that they conferred upon the court a manifestly…
2Cases cited1 opinion
- New England Mutual Life Insurance v. PhillipsMassachusetts Supreme Judicial Court · 1886
3Cited by25 opinions
- Owen v. WilliamsMassachusetts Supreme Judicial Court · 1948
- Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
- James H. Thompson, Jr., Individually and D/B/A Rusty Thompson Mid Town Auto Service v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
- May v. WoodMassachusetts Supreme Judicial Court · 1898
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