COTTER v. CHELSEA


329 Mass. 314 (1952)

108 N.E.2d 47

JAMES J. COTTER & others vs. CITY OF CHELSEA.

Supreme Judicial Court of Massachusetts, Suffolk.

October 29, 1952.


Attorney(s) appearing for the Case

A. Kenneth Carey, (Francis J. Grondin with him,) for the petitioners.

Alexander E. Finger, City Solicitor, for the respondent.

Claude B. Cross & Charles C. Worth, by leave of court, submitted a brief as amici curiae.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & SPALDING, JJ.


QUA, C.J.

This is a petition by ten or more taxable inhabitants of the city under G.L. (Ter. Ed.) c. 71, § 34, as appearing in St. 1939, c. 294, to require the city to provide a sum of money (plus twenty-five per cent thereof) equal to an alleged "deficiency" resulting from the failure of the city to appropriate for public schools in 1950 the full amount estimated and requested by the school committee. The case was presented to the Superior Court on a statement...

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