South Tiverton Volunteer Fire Department v. Cook

These petitions for writs of mandamus were brought respectively by the South Tiverton Volunteer Fire Department and by Manuel Cavaca, its chief, against Hubert Cook, town treasurer of the town of Tiverton, to compel him to pay certain bills of the department out of an appropriation that had been made for it.

In the superior court the respondent moved to. quash each petition. Thereafter the trial justice filed a rescript in which he held that the approval of the bills by the town council was necessary before payment and therefore he denied the petitions. Each petitioner has filed an appeal from…