Fluet v. Eberhardt

This is a suit in equity under G. L. (Ter. Ed.) c. 40, § 53, by fourteen taxable inhabitants of the city of Lawrence to restrain the alleged illegal payment of money from the treasury of that city. The defendant Eberhardt is an alderman and as such is commissioner in charge of the department of public property of the defendant city. Other defendants are the auditor and the treasurer of the city. The defendant Goldblatt asserts a claim for certain building materials furnished to the defendant city.

*409The case was referred to a master. The evidence is not reported. Therefore, the findings of fact…