Legal Opinion

Evergreen Cemetery Ass'n v. Beecher

Supreme Court of Connecticut

Decided February 19, 1886PublishedCited by 32 opinions

Action by the plaintiff, a cemetery association organized under-the laws of the state, for the purpose of taking lands for the enlargement of its territory, under the provision of Gen. Statutes, p. 293, sec. 4; brought to the Superior Court. The defendants demurred to the complaint, and the case was reserved for the advice of this court. The case is sufficiently stated in the opinion.

1Opinion of the CourtPardee, J.

This is a complaint asking leave to take land for cemetery purposes by right of eminent domain. The case has been reserved for our advice.

The plaintiff is the owner of a cemetery, and desires to enlarge it by taking several adjoining pieces of land, each owned by a different person, and has made these owners joint defendants1. Because of this joinder they demur.. But we think that it is in harmony with our practice in analogous proceedings and with the spirit of the Practice Act, and that it promotes speedy, complete, and inexpensive justice, without placing any obstruction in the way of any…

2Cited by32 opinions

  1. Gohld Realty Co. v. City of HartfordSupreme Court of Connecticut · 1954
  2. Carofano v. City of BridgeportSupreme Court of Connecticut · 1985
  3. Donnelly v. Boston Catholic Cemetery Ass'nMassachusetts Supreme Judicial Court · 1888
  4. Kelo v. City of New LondonSupreme Court of Connecticut · 2004
  5. Board of Health v. Van HoesenMichigan Supreme Court · 1891

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