This section contains the nature of the case and procedural background.

P was a manufacturer in Plymouth that was restrained on October 1, 1881, from ringing a bell on their mill before the hours of 6:30 in the morning. That decree was affirmed on appeal. On March 28, 1883, the state legislature passed an act that would allow the ringing of bells, whistles, or gongs at factories as designated by local ordinances. On April 18, 1883, the selectmen of Plymouth granted to P a written license to ring the bell at their mill in such a manner at hours beginning at 5 in the morning. P then filed a bill to dissolve the present injunction. D demurred.

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