Browne v. Turner
Massachusetts Supreme Judicial Court
Bill in equity, filed November 21, 1899, under St. 1898, e. 490, by ten taxable inhabitants of Boston, to restrain the Boston Transit Commission from constructing a tunnel from the city proper to East Boston, which they weré directed to build by St. 1897, c. 500, § 17; and praying that the commission and the city treasurer be restrained from issuing bonds of the city to pay for such construction, and from using for that purpose the proceeds of bonds already issued, as…
Read the full summary
Bill in equity, filed November 21, 1899, under St. 1898, e. 490, by ten taxable inhabitants of Boston, to restrain the Boston Transit Commission from constructing a tunnel from the city proper to East Boston, which they weré directed to build by St. 1897, c. 500, § 17; and praying that the commission and the city treasurer be restrained from issuing bonds of the city to pay for such construction, and from using for that purpose the proceeds of bonds already issued, as provided in St. 1897, c. 500, § 18, and for general relief. The provisions of § 17 are substantially as follows: Whenever the…
1Opinion of the CourtHolmes, C. J.
This bill purports to be brought under St. 1898, c. 490, amending Pub. Sts. c. 27, § 129. As we are of opinion that it fails to make out a case, and as all parties are anxious for a decision upon the merits, we have not considered whether the plaintiffs bring themselves within the purview of the act. The decree will be the same that it would be if we were against them on the preliminary point, and therefore there seems to be no objection to stating the grounds of substantive law which seem to us to support the result.
The point of the bill may be stated in a few words. The Boston Transit…
2Cases cited17 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
- New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
- Williams v. EgglestonSupreme Court of the United States · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of the United States · 1924
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
- City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1927
26 more not listed; retrieve them via the Exa API.