Brown v. Concord
Supreme Court of New Hampshire
From Merrimack Circuit Court. Bill in equity, filed by John S. Brown and six others, residents of Concord, having taxable property outside the limits of the water precinct in said city, against the city of Concord, and Samuel 0. Eastman, its treasurer, and William H. Allison, its collector, praying that the defendants be restrained from collecting and from paying out of the treasury of said city certain taxes claimed to have been illegally assessed.
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From Merrimack Circuit Court. Bill in equity, filed by John S. Brown and six others, residents of Concord, having taxable property outside the limits of the water precinct in said city, against the city of Concord, and Samuel 0. Eastman, its treasurer, and William H. Allison, its collector, praying that the defendants be restrained from collecting and from paying out of the treasury of said city certain taxes claimed to have been illegally assessed. The cause was submitted upon bill and answer. The facts material to be considered sufficiently appear in the opinion of the court.
1Concurrence
The great question is as to the true construction of the act authorizing the city of Concord to establish water-works in said city, approved June 30, 1871. By the first section of that act, the city of Concord is authorized to construct, manage, maintain, and own suitable water-works in said city, for the purpose of introducing into and distributing through the more compact parts of said city an adequate supply of water for extinguishing fires and for the use of its citizens, and for other proper uses.
By section 5, "Said city is also authorized and empowered to contract with individuals and…
2Cases cited8 opinions
- City of New London v. BrainardSupreme Court of Connecticut · 1852
- Dodd v. City of HartfordSupreme Court of Connecticut · 1856
- Scofield v. City of LansingMichigan Supreme Court · 1868
- Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1868
- Merrill v. PlainfieldSupreme Court of New Hampshire · 1863
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