Legal Opinion

Whitcomb v. Vigeant

Massachusetts Supreme Judicial Court

Decided February 28, 1922PublishedCited by 20 opinions

Bill in equity, filed in the Superior Court on June 29, 1921, and afterwards amended, by eleven plaintiffs, each of whom owned and lived in a house at or in the immediate vicinity of the corner of North Street and Mason Street in the city of Leominster, and who alleged that they brought the suit “not only for themselves but in behalf of all other residents and real estate owners in the vicinity who are affected by the matters” therein “complained of,” against Pierre Vigeant,…

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Bill in equity, filed in the Superior Court on June 29, 1921, and afterwards amended, by eleven plaintiffs, each of whom owned and lived in a house at or in the immediate vicinity of the corner of North Street and Mason Street in the city of Leominster, and who alleged that they brought the suit “not only for themselves but in behalf of all other residents and real estate owners in the vicinity who are affected by the matters” therein “complained of,” against Pierre Vigeant, who was building a hall of an open type for use as a public dance hall in the vicinity named, and Henry F. Sawtelle,…

1Opinion of the CourtRugg, C. J.

Various householders seek by this suit in equity to enjoin the defendants, one of whom is mayor of Leominster and the other of whom is a resident of that city intending to erect and complete in the vicinity of the homes of the several plaintiffs a public dance hall of an open type for continual use during summer seasons. There are allegations of purpose by the defendant Vigeant, immediately upon the completion of the building, to apply to the mayor for a license to conduct a public dance hall, that the mayor is vested by law with authority to grant such license, that he will grant such…

2Cases cited6 opinions

  1. Sawyer v. DavisMassachusetts Supreme Judicial Court · 1884
  2. Murtha v. LovewellMassachusetts Supreme Judicial Court · 1896
  3. Levin v. GoodwinMassachusetts Supreme Judicial Court · 1906
  4. Cook v. City of Fall RiverMassachusetts Supreme Judicial Court · 1921
  5. White v. KenneyMassachusetts Supreme Judicial Court · 1892

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3Cited by20 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Mullholland v. State Racing CommissionMassachusetts Supreme Judicial Court · 1936
  3. Bielecki v. City of Port ArthurTexas Commission of Appeals · 1929
  4. Strachan v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1925
  5. Tranfaglia v. Building CommissionerMassachusetts Supreme Judicial Court · 1940

15 more not listed; retrieve them via the Exa API.

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