Legal Opinion

Wyeth v. Board of Health of Cambridge

Massachusetts Supreme Judicial Court

Decided January 6, 1909PublishedCited by 58 opinions

Petition, filed on June 15, 1908, for a writ of mandamus addressed to the persons constituting the board of health of the city of Cambridge, commanding them to issue to the petitioner a license as an undertaker.

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Petition, filed on June 15, 1908, for a writ of mandamus addressed to the persons constituting the board of health of the city of Cambridge, commanding them to issue to the petitioner a license as an undertaker. The case came on to be heard before Knowlton^ C. J., who reserved it for determination by the full court in the following report: “ After a hearing, and by agreement of parties, the questions of law arising upon the petition and answer and agreed statement of facts, in this case are reported for the consideration of the full court. If the refusal of the respondents to grant the…

1Opinion of the CourtKnowlton, C. J.

This is a petition for a writ of mandamus to compel the respondents, the board of health of the city of Cambridge, to grant the petitioner a license as an undertaker. Among the facts agreed are the following:

“Second. That the petitioner, Benjamin F. Wyeth, is an inhabitant of Cambridge, is an undertaker by trade, and has been for forty-six years engaged in the trade of undertaker in various capacities, and has carried on for some years past the business of undertaking under the name of Benjamin F. Wyeth; that said undertaking business as conducted by the petitioner is a profitable one, and it…

2Cases cited9 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Lochner v. New YorkSupreme Court of the United States · 1905
  3. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  4. Minnesota v. BarberSupreme Court of the United States · 1890
  5. Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903

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3Cited by58 opinions

  1. Meyer v. NebraskaSupreme Court of the United States · 1923
  2. Flesner v. Technical Communications Corp.Massachusetts Supreme Judicial Court · 1991
  3. Howes Bros. v. Unemployment Compensation CommissionMassachusetts Supreme Judicial Court · 1936
  4. Brett v. Building CommissionerMassachusetts Supreme Judicial Court · 1924
  5. People v. . RingeNew York Court of Appeals · 1910

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