Attorney General v. Williams
Massachusetts Supreme Judicial Court
Information in equity, at the relation of the Harbor and Land Commissioners, to restrain the erection of bay windows or projections extending into or over a passageway in the rear of the defendant’s house on the corner of Boylston Street and Exeter Street in Boston. Hearing before JDevens, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The first question which we have considered is, whether an information in the name of the Attorney General can be maintained to enforce the stipulations in respect to the passageway. In Attorney General v. Gardiner, 117 Mass. 492, it is declared that the Commonwealth, in devising the scheme of improvement of the Back Bay lands, acted in a twofold capacity, — as the proprietor of lands which it held and might sell, and as the sovereign power, authorized to lay out highways for the benefit of the public; and that, in the latter capacity, it might enforce these provisions and restrictions,…
2Cases cited5 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Attorney General v. GardinerMassachusetts Supreme Judicial Court · 1875
- Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880
- Brooks v. ReynoldsMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
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