Flynn v. Flynn
Massachusetts Supreme Judicial Court
Bill in equity, praying that, by reason of her inchoate right of dower, a portion of the proceeds received from land taken by the right of eminent domain be set apart for the plaintiff’s benefit in case she should survive her husband. David Flynn, the husband, and William J. Flynn, the other defendant, to whom it was alleged David had assigned his claim for damages by reason of the taking, demurred to the bill for want of equity.
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Bill in equity, praying that, by reason of her inchoate right of dower, a portion of the proceeds received from land taken by the right of eminent domain be set apart for the plaintiff’s benefit in case she should survive her husband. David Flynn, the husband, and William J. Flynn, the other defendant, to whom it was alleged David had assigned his claim for damages by reason of the taking, demurred to the bill for want of equity. Hearing before Lathrop, J., who reserved the bill and the demurrers for the consideration of the full court. If the demurrers were sustained, the bill was to be…
1Opinion of the CourtLathrop, J.
The land in which the plaintiff had an inchoate right of dower was taken by the city of Boston by right of eminent domain, for the purposes of a schoolhouse, the city acting by virtue of and in accordance with the provisions of the St. of 1895, c. 408. This act, in § 2, gives the board of street commissioners of Boston, at the request of the school committee, power to “ take by purchase or otherwise such lands for school purposes as said school committee, with the approval of the mayor, shall designate, and to take any lands under the right of eminent domain.” The board is also required to “…
2Cases cited22 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Hammond v. . PennockNew York Court of Appeals · 1874
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
- Haggerty v. WagnerIndiana Supreme Court · 1897
- Witthaus v. . SchackNew York Court of Appeals · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
- City of Worcester v. QuinnMassachusetts Supreme Judicial Court · 1939
- Fitcher v. GriffithsMassachusetts Supreme Judicial Court · 1913
- Forte v. CarusoMassachusetts Supreme Judicial Court · 1957
- Kemp v. KempMassachusetts Supreme Judicial Court · 1924
19 more not listed; retrieve them via the Exa API.