Legal Opinion

Nolan v. Boston Firemen's Relief Fund

Massachusetts Supreme Judicial Court

Decided November 19, 1920PublishedCited by 6 opinions

Petition, filed on April 1,1918, by John E. Nolan, William H. Baldwin, Dennis J. Burnett and Daniel F. O’Brien, alleging themselves to be members of the fire department of the city of Boston and assigned to duty in the branches of the department known as the repair and construction division, veterinary service, and fire alarm branch, for a writ of mandamus directing the corporation, The Boston Firemen’s Relief Fund, “to restore them to the full exercise and enjoyment of all…

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Petition, filed on April 1,1918, by John E. Nolan, William H. Baldwin, Dennis J. Burnett and Daniel F. O’Brien, alleging themselves to be members of the fire department of the city of Boston and assigned to duty in the branches of the department known as the repair and construction division, veterinary service, and fire alarm branch, for a writ of mandamus directing the corporation, The Boston Firemen’s Relief Fund, “to restore them to the full exercise and enjoyment of all their rights, privileges, and franchises as members thereof, and not further deny, interfere with, or abridge them in…

1Opinion of the Court

By the Court.

This petition for a writ of mandamus, although not carefully drawn, sets out membership by the petitioners in the fire department of the city of Boston, right by reason thereof to vote for twelve members of that department, who, together with the fire commissioner of that department, constitute the corporation established by St. 1909, c. 308, as amended by St. 1911, c. 134, and denial by the respondent of that right. The facts *422found support every one of these allegations. Although the petitioners are not active members of the respondent corporation, their franchise to vote for…

2Cases cited1 opinion

  1. Fickett v. Boston Firemen's Relief FundMassachusetts Supreme Judicial Court · 1915

3Cited by6 opinions

  1. Cape Cod Steamship Co. v. Selectmen of ProvincetownMassachusetts Supreme Judicial Court · 1936
  2. State Highway Commission v. McGowen Ex Rel. Hinds CountyMississippi Supreme Court · 1945
  3. Doten v. City of BrocktonMassachusetts Supreme Judicial Court · 1952
  4. Elliott v. Fire CommissionerMassachusetts Supreme Judicial Court · 1923
  5. Rose v. Boston Firemen's Relief FundMassachusetts Supreme Judicial Court · 1924

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