Aylward v. O'Brien
Massachusetts Supreme Judicial Court
Tort, for the alleged destruction of two pews in a church building in Cambridge, and for the disturbance of the plaintiff’s rights as a pewholder therein. At the trial in the Superior Court, before Thompson, J., no question was made as to the plaintiff’s title to the pews; but the defendant contended that they were owned only as pews in a Roman Catholic church, according to the laws and usages of that religious denomination.
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Tort, for the alleged destruction of two pews in a church building in Cambridge, and for the disturbance of the plaintiff’s rights as a pewholder therein. At the trial in the Superior Court, before Thompson, J., no question was made as to the plaintiff’s title to the pews; but the defendant contended that they were owned only as pews in a Roman Catholic church, according to the laws and usages of that religious denomination. It was not denied that the pews were taken out and removed by order of the defendant, and ai stage erected where the altar had been, and the building devoted to the…
1Opinion of the CourtAllen, J.
The plaintiff’s rights must be determined independently of the statutes relating to the power of parishes or proprietors of meeting-houses to take down meeting-houses and destroy pews. Those statutes apply to proprietors of meetinghouses who have organized as corporations, and the powers given therein are to be exercised by the corporations. Pub. Sts. c. 38, §§ 27 et seq. There are also statutes providing specially how Roman Catholic churches may become incorporated; Pub. Sts. c. 38, §§ 48-50 ; St. 1879, c. 108; but it does not appear that the church or society in question ever became…
2Cited by3 opinions
- Massachusetts Baptist Missionary Society v. Bowdoin Square Baptist SocietyMassachusetts Supreme Judicial Court · 1912
- Huntington v. RamsdenSupreme Court of New Hampshire · 1914
- State v. RegerWest Virginia Supreme Court · 1922