Legal Opinion

In re Court Street Methodist Episcopal Society of Rome

New York Supreme Court

Decided January 15, 1889Published

Appeal from special term, Oneida county. Laws N. Y. 1875, c. 79, § 2, provide: “Whenever a trustee elected under the provisions of said section three of the above-mentioned act [‘An act to provide for the incorporation of religious societies,’ Laws 1813, c. 60,] ceases to be a member of the church, congregation, or society, by removal or otherwise, or ceases to statedly attend upon and support its services, he shall at the same time, and for such cause, cease to be a…

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Appeal from special term, Oneida county. Laws N. Y. 1875, c. 79, § 2, provide: “Whenever a trustee elected under the provisions of said section three of the above-mentioned act [‘An act to provide for the incorporation of religious societies,’ Laws 1813, c. 60,] ceases to be a member of the church, congregation, or society, by removal or otherwise, or ceases to statedly attend upon and support its services, he shall at the same time, and for such cause, cease to be a trustee, and his place shall be declared vacant by a notice of the board of trustees to the church, congregation, or society,…

1Opinion of the CourtEollett, P. J.

Appeal from an order of a special term, granted October 8, 1887, on notice vacating an order of a special term granted November 11, 1885, without notice, consolidating the Court {alias Liberty) Street Methodist Episcopal Society of Borne and the First Wesleyan Methodist Church of Borne, under the corporate name of the “First Wesleyan Methodist Church of Bpme, N. Y.” July 24,1862, a religious corporation was duly incorporated (pursuant to 2 Bev. Laws 1813, p. 212, § 3, c. 60) under the name of “The Trustees of the Court-Street Methodist Episcopal Church in Borne. ” The corporators professed…

2Cases cited7 opinions

  1. President & Trustees v. San Diego & Los Angeles RailroadCalifornia Supreme Court · 1872
  2. Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
  3. Childs v. SmithNew York Supreme Court · 1869
  4. Childs v. . SmithNew York Court of Appeals · 1871
  5. Wardens & Vestry of St. James' Church v. Rector, Vestry & Wardens of the Church of the RedeemerNew York Supreme Court · 1865

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