Proprietors of Mount Hope Cemetery v. City of Boston
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to compel the city of Boston and its mayor to convey Mount Hope Cemetery to the petitioners, in accordance with St. 1889, c. 265.* Upon motion, John Taylor and others, owners of lots in said cemetery, who had paid to the city certain sums of money, which constituted part of the funds mentioned in § 4 of said act, and held by the city in trust to use the income in the perpetual care of lots, were permitted to appear as respondents and file an…
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Petition for a writ of mandamus to compel the city of Boston and its mayor to convey Mount Hope Cemetery to the petitioners, in accordance with St. 1889, c. 265.* Upon motion, John Taylor and others, owners of lots in said cemetery, who had paid to the city certain sums of money, which constituted part of the funds mentioned in § 4 of said act, and held by the city in trust to use the income in the perpetual care of lots, were permitted to appear as respondents and file an answer. Hearing before Knowlton, J., who made certain findings of fact, and reserved the case for the full court on the…
1Opinion of the CourtAllen, J.
Over property which a city or town has acquired and holds exclusively for purposes deemed strictly public, that is, which the city or town holds merely as an agency of the State government for the performance of the strictly public duties devolved upon it, the Legislature may exercise a control to the extent of requiring the city or town, without receiving compensation therefor, to transfer such property to some other agency of the government appointed to perform similar duties, and to be used for similar purposes, or perhaps for other purposes strictly public in their character. Thus much is…
2Cases cited37 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- People v. . O'BrienNew York Court of Appeals · 1888
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
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3Cited by62 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- City of Gladewater v. PikeTexas Supreme Court · 1987
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
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