Steele v. Municipal Signal Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court by the plaintiffs, as taxpayers of the city of Holyoke, against the Muncipal Signal Company, a corporation, and the city, to restrain the putting in of a police signal system for the city, under an alleged contract signed by certain members of the police committee of the board of aldermen of the city. The case was heard by Dewey, J., and reported for the determination of this court, in substance as follows.
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Bill in equity, filed in the Superior Court by the plaintiffs, as taxpayers of the city of Holyoke, against the Muncipal Signal Company, a corporation, and the city, to restrain the putting in of a police signal system for the city, under an alleged contract signed by certain members of the police committee of the board of aldermen of the city. The case was heard by Dewey, J., and reported for the determination of this court, in substance as follows. It appeared that, on March 15, 1892, the following order was adopted by the city council of Holyoke: “ City of Holyoke. In Board of Aldermen,…
1Opinion of the CourtAllen, J.
This suit is not brought under Pub. Sts. e. 27, § 129, no such vote having been passed as is there contemplated. But the plaintiffs seek to maintain their bill under the general equity jurisdiction of the court. A difference of opinion has existed elsewhere whether it is within the general scope of the jurisdiction of a court of equity to entertain a suit by individual taxpayers to restrain cities and towns from carrying out invalid contracts, and performing other similar wrongful acts. 2 Dillon, Mun. Corp. (4th ed.) §§ 914 et seq. In Massachusetts it can hardly be considered an open…
2Cases cited1 opinion
- Baldwin v. Inhabitants of WilbrahamMassachusetts Supreme Judicial Court · 1886
3Cited by15 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Pratt v. City of BostonMassachusetts Supreme Judicial Court · 1985
- Kelley v. Board of HealthMassachusetts Supreme Judicial Court · 1924
- Tuscan v. SmithSupreme Judicial Court of Maine · 1931
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