Mensi v. Walker

It is shown by the bill that on March 30, 1928, the defendants purchased land within five miles of the corporate limits of Memphis, in Shelby County, and were proceeding to establish a cemetery in violation of chapter 405, Private Acts of 1925.

Relying upon the statute, which it is alleged defendants ignored, complainants applied for an injunction to restrain them from pursuing their object. Defendants demurred to the bill. The chancellor held that the Act regulating cemeteries contained an unauthorized delegation of power1 to the County Court of Shelby County and gave the court arbitrary…