Loring v. Inhabitants of Westwood
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 12,1918, by ten taxable inhabitants of the town of Westwood against the town, its treasurer, its selectmen and board of fire engineers, to enjoin the carrying out of a vote of the town at a special meeting to appropriate $2,000 for the purchase of a certain chemical engine. The suit was heard by Hammond, J. Material evidence and findings of the judge are described in the opinion.
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Bill in equity, filed in the Superior Court on June 12,1918, by ten taxable inhabitants of the town of Westwood against the town, its treasurer, its selectmen and board of fire engineers, to enjoin the carrying out of a vote of the town at a special meeting to appropriate $2,000 for the purchase of a certain chemical engine. The suit was heard by Hammond, J. Material evidence and findings of the judge are described in the opinion. He ruled that Rule 4 of the by-laws of the town, quoted in the opinion, was not complied with before the passing of the vote, adjudged the appropriation invalid and…
1Opinion of the CourtBraley, J.
The plaintiffs, while admitting that the special town meeting of May 27, 1918, was duly called, and the vote, “That the Board of Engineers be authorized to purchase the chemical engine now standing outside this hall, at a cost of $2,000, $1,000 to be taken from the treasury and $1,000 to be raised by taxation this year,” _is in accordance with the first article of the warrant, contend, that the appropriation is invalid for failure to comply with certain precedent conditions prescribed by the town by-laws. It is provided by Rule 4 for the government of town meetings that, “No grant (a sum of…
2Cases cited7 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Mead v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1885
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Bennett v. City of New BedfordMassachusetts Supreme Judicial Court · 1872
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3Cited by6 opinions
- Hardwick Ex Rel. Bartz v. BublitzSupreme Court of Iowa · 1963
- Burt v. Municipal Council of TauntonMassachusetts Supreme Judicial Court · 1930
- Dube v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1941
- Choate v. Town of SharonMassachusetts Supreme Judicial Court · 1927
- Blomquist v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1959
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