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Ring Et Al. v. City Woburn

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eBook details

  • Title: Ring Et Al. v. City Woburn
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 25, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

COX, Justice. These are four petitions in equity brought by ten or more taxable inhabitants of the respondent city under the provisions of G.L.(Ter.Ed.) c. 71, § 34, inserted by St.1939, c. 294. Demurrers to three of the petitions were overruled by interlocutory decrees, and it was agreed that trial on the merits might proceed without any action on the demurrer in the other case, its final Disposition to depend upon the final Disposition of the other demurrers. The respondent, however, waived its appeals from these interlocutory decrees in this court. The several petitions relate to the alleged failure of the respondent in the years 1938 to 1941, inclusive, to provide an amount of money sufficient for the support of the public schools, as required by said c. 71. They were heard by a Judge of the Superior Court, who filed a memorandum of findings and rulings, applicable to all cases, and a final decree, favorable to the petitioners, was entered in each case. The respondent appealed from each final decree. The evidence is reported, together with a statement of agreed facts, submitted 'as evidence in place of ordinary proof and is merely a part of the evidence and not a case stated.' It is for us to decide the case according to our own judgment giving due weight to the findings of the Judge which, based in part upon oral evidence, will not be disturbed unless plainly wrong. Fuller v. Lovell, 304 Mass. 542, 547, 24 N.E.2d 528.


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