Legal Opinion

State v. Scoville

Supreme Court of Connecticut

Decided June 9, 1905PublishedCited by 14 opinions

Prosecution for the violation of a by-law of the New London Cemetery Association, brought to the Criminal Court of Common Pleas in New London County and tried to the jury before Noyes, J.; verdict and judgment of guilty, and appeal by the defendant.

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Prosecution for the violation of a by-law of the New London Cemetery Association, brought to the Criminal Court of Common Pleas in New London County and tried to the jury before Noyes, J.; verdict and judgment of guilty, and appeal by the defendant. The accused was convicted under Chap. 134 of the Public Acts of 1903, p. 96, which, as an amendment to § 4453 of the General Statutes, provides that “ towns, cemetery associations, and ecclesiastical societies may enact by-laws providing for the care and management of all burial lots, and the protection of all shrubs, trees, fences, and monuments…

1Opinion of the CourtHall, J.

The New London Cemetery Association was competent to pass by-laws under the provisions of chapter 134 of the Public Acts of 1903. Neither the language of that section, nor of § 4452 of the General Statutes permitting the organization of cemetery associations in accordance with the provisions of § 3937, which provides for the formation of corporations without capital stock, requires cemetery associations to be organized under § 3937 in order to become such within the meaning of chapter 134.

The provisions of General Statutes, § 3938, which are the same as- those of Part Y, § 90, of the Act of…

2Cases cited4 opinions

  1. Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
  2. Evergreen Cemetery Ass'n v. BeecherSupreme Court of Connecticut · 1886
  3. Edwards v. Stonington Cemetery Ass'nSupreme Court of Connecticut · 1850
  4. Perkins v. City of LawrenceMassachusetts Supreme Judicial Court · 1885

3Cited by14 opinions

  1. Mansker v. AstoriaOregon Supreme Court · 1921
  2. Chariton Cemetery Co. v. Chariton Granite WorksSupreme Court of Iowa · 1924
  3. Ex parte AdlofCourt of Criminal Appeals of Texas · 1918
  4. Scott v. Lakewood Cemetery Assn.Supreme Court of Minnesota · 1926
  5. Masonic Cemetery Ass'n v. GamageCourt of Appeals for the Ninth Circuit · 1930

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