Inhabitants of Quincy v. Kennard
| Decision Date | 19 June 1890 |
| Citation | 151 Mass. 563,24 N.E. 860 |
| Parties | INHABITANTS OF QUINCY v. KENNARD et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Pub.St. c. 80, § 84, is as follows:
J.L. Eldridge, for plaintiffs.
A. Russ and D.A. Dorr, for defendants.
It is admitted that the board of health had authority to forbid the exercise of the employment of keeping swine in the town of Quincy. Pub.St. c. 80, § 84; Com. v. Young, 135 Mass. 526; Taunton v. Taylor, 116 Mass. 254. But it is argued that the order passed was invalid because the prohibition contained in it was qualified by the words, "without a permit in writing first obtained from the board for health." We are at a loss to see how it affects the validity of the order that the board expressly reserved to themselves a power to do what they could have done even if the prohibition had been absolute, or how the defendants are put in a worse position by the order contemplating the possibility that the board of health may grant them a written permit than if it had excluded that possibility. The parties having agreed that the case should be finally disposed of by the decision upon the demurrer, an injunction will issue. Demurrer overruled. Injunction to issue.
To continue reading
Request your trial
-
Bizzell v. Bd. Of Aldermen Of City Of Goldsboro
...the authority to delegate that discretion to a board appointed for that purpose is sustained by the great weight of authority (Quincy v. Kennard, 151 Mass. 563 ; Commonwealth v. Davis, 162 Mass. 510 [39 N. E. 113, 20 L. R. A. 712, 44 Am. St. Rep. 389]), and by this court the delegation of s......
-
Commonwealth v. Kimball
...Lowell v. Simpson, 10 Allen 88;Commonwealth v. Plaisted, 148 Mass. 375, 382, 19 N.E. 224,2 L.R.A. 142, 12 Am.St.Rep. 566;Quincy v. Kennard, 151 Mass. 563, 24 N.E. 860;Commonwealth v. Parks, 155 Mass. 531, 532, 30 N.E. 174;Commonwealth v. Ellis, 158 Mass. 555, 557, 33 N.E. 651;Commonwealth v......
-
The State v. Williams
... ... from the board of health ( Quincy v. Kennard, 151 ... Mass. 563, 24 N.E. 860); forbidding the erection of wooden ... buildings ... ...
-
Biffer v. City of Chicago
...as doing indirectly what could be done directly. Crowley v. Christensen, 137 U. S. 86, 11 Sup. Ct. 13, 34 L. Ed. 620;Quincy v. Kennard, 151 Mass. 563, 24 N. E. 860;Trageser v. Gray, 73 Md. 250, 20 Atl. 905,9 L. R. A. 780, 25 Am. St. Rep. 587. [9][10] Counsel for defendants in error earnestl......