Lowell v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity by John A. Lowell and nine others, taxable inhabitants of the city of Boston, praying that the defendants might be restrained from issuing bonds under the St." of 1872, c. 364,* on the ground that the statute was unconstitutional. The defendants demurred for want of equity, and the case was heard and reserved by Gray, J., upon bill and demurrer, for the consideration of the full court.
1Opinion of the CourtWells, J.
This is a proceeding under the provisions of the Gen. Sts. c. 18, § 79, to restrain the city of Boston from issuing its bonds for the purpose of raising a fund to be appropriated to the object of rendering aid, by way of loans, in rebuilding upon that portion of the city which was burned over in November 1872. The issue of bonds for that purpose, to an amount not exceeding $20,000,000, was expressly authorized by the St. of 1872, c. 364. The question, therefore, is distinctly presented whether the authority thus conferred upon the city is contrary to the provisions of the Constitution of the…
2Cases cited5 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Jones v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
3Cited by143 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Lexin v. Superior CourtCalifornia Supreme Court · 2010
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
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