Legal Opinion

Minot v. Inhabitants of West Roxbury

Massachusetts Supreme Judicial Court

Decided March 15, 1873PublishedCited by 27 opinions

Petition of ten persons representing that they were all taxable inhabitants of the town of West Roxbury; that on the 18th of November, 1872, a town meeting of the town was held in pursuance of a warrant issued by the selectmen therefor, which warrant contained, among others, the following article • “ To see if the town will appoint a committee to petition the legislature, at its next session, for the passage of an act authorizing the annexation of the town of West Roxbury to…

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Petition of ten persons representing that they were all taxable inhabitants of the town of West Roxbury; that on the 18th of November, 1872, a town meeting of the town was held in pursuance of a warrant issued by the selectmen therefor, which warrant contained, among others, the following article • “ To see if the town will appoint a committee to petition the legislature, at its next session, for the passage of an act authorizing the annexation of the town of West Roxbury to the city of Boston, and to make an appropriation therefor.” That this article came up for consideration in the course…

1Opinion of the CourtEndicott, J.

The single question, presented for decision in this case, is whether a town has the legal right and power to raise by taxation or .pledge of its credit, or to pay from its treasury any money for the expenses of a committee directed by a vote of the town to petition the legislature for the annexation of the town to the city of Boston, and to appear with counsel to advocate the annexation.

It is well settled by our decisions, that towns derive all their authority to tax their inhabitants from the statutes; if the authority to tax for a particular purpose is not found there, either in express…

2Cases cited4 opinions

  1. Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
  2. Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
  3. Friend v. GilbertMassachusetts Supreme Judicial Court · 1871
  4. Nutter v. RussellCourt of Appeals of Kentucky · 1860

3Cited by27 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Wells v. . Town of SalinaNew York Court of Appeals · 1890
  3. Mead v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1885
  4. Russell v. TateSupreme Court of Arkansas · 1889
  5. Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905

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