Finlay v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court for the county of Suffolk March 22, 1906, for a writ of mandamus against the city of Boston and the superintendent of its municipal printing plant, commanding them to refrain from the use of the union label of the “ Allied Printing -Trades Council of Boston, Mass.,” and commanding the superintendent “to refrain from extending any preference in employment in said office to members of said unions or discriminating in any manner…
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Petition, filed in the Supreme Judicial Court for the county of Suffolk March 22, 1906, for a writ of mandamus against the city of Boston and the superintendent of its municipal printing plant, commanding them to refrain from the use of the union label of the “ Allied Printing -Trades Council of Boston, Mass.,” and commanding the superintendent “to refrain from extending any preference in employment in said office to members of said unions or discriminating in any manner against other citizens who may be applicants for positions in said office, not members of said unions.” The petition…
1Opinion of the CourtLoring, J.
We are of opinion that the demurrer to the petition must be sustained for the second reason stated in the third assignment, to wit: Because the petition is intended to prevent an illegal expenditure of public money and therefore the petitioners’ only remedy is under R. L. c. 25, § 100.
The point has not been taken in the case at bar that a demurrer does not lie to a petition for mandamus. Doubts have arisen before this upon that point by reason of the provision of R. L. c. 192, § 5, that upon the return of the order of notice “ the person who is required to appear shall file an answer showing…
2Cases cited9 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Spaulding v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1891
- Ellison v. Aldermen of RaleighSupreme Court of North Carolina · 1883
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- O'Connell v. MathewsMassachusetts Supreme Judicial Court · 1901
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3Cited by18 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
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- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
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