Congregation Beth Israel v. O'Connell
Massachusetts Supreme Judicial Court
Bill in equity, filed June 9, 1904, by a religious corporation having a church used as its place of worship at No. 9 in Baldwin Place in Boston, to restrain the defendants from erecting and using a stable at No. 49 on North Margin Street in that city for taking and keeping horses and carriages for hire or to let within two hundred feet of the church of the plaintiff without the plaintiff’s consent in writing as required by R. L. c. 102, § 70. In the Superior Court the case…
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Bill in equity, filed June 9, 1904, by a religious corporation having a church used as its place of worship at No. 9 in Baldwin Place in Boston, to restrain the defendants from erecting and using a stable at No. 49 on North Margin Street in that city for taking and keeping horses and carriages for hire or to let within two hundred feet of the church of the plaintiff without the plaintiff’s consent in writing as required by R. L. c. 102, § 70. In the Superior Court the case was heard by Hardy, J., who found the facts stated in the opinion of the court, and made a decree that the bill be…
1Opinion of the CourtLoring, J.
This is a bill in equity by a religious corporation to enjoin the erection of a stable which is being constructed without its consent within two hundred feet of its church building, on the ground that it is a stable within the second clause of R. L. c. 102, § 70. A final decree was entered, declaring first that the building complained, of was “ to be used as a stable in the manner following and not otherwise: To let in such building to any person desiring to hire the same the right to keep a horse and vehicle therein in a specified place, such persons having the care, custody and control of…
2Cases cited1 opinion
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
3Cited by5 opinions
- Jones v. DonnellyMassachusetts Supreme Judicial Court · 1915
- Pratt v. City & County of DenverSupreme Court of Colorado · 1922
- Bowley v. FullerSupreme Judicial Court of Maine · 1921
- Downs v. HatcherMassachusetts District Court, Appellate Division · 1946
- People v. ChatlosNew York Court of Special Session · 1930