Baldwin v. Inhabitants of Wilbraham

This is a petition, under the Pub. Sts. e. 27, § 129, by ten taxable inhabitants of the town of Wilbraham, brought in the Superior Court, to restrain the town from an alleged illegal expenditure of money.

We are met at the threshold of the case with the question whether the Superior Court has jurisdiction of the petition, which, though not raised in the Superior Court, and not argued by counsel, it is necessary that we should consider.

The St. of 1883, e. 223, § 1, provides that “ the Superior Court shall have original and concurrent jurisdiction with the Supreme Judicial Court in all matters…