Rector of St. James' Church v. Huntington
New York Supreme Court
Appeal from special term, Onondaga county. Action by the Rector, Church Wardens, and Vestrymen of St. James’ Church, Syracuse, and Albert A. Brockway, against Frederic D. Huntington, as bishop of the diocese of Central New York, to compel defendant to issue to plaintiff Brockway a certificate of transfer, and to set aside an order forbidding said Brockway to officiate as rector of St. James’ Church.
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Appeal from special term, Onondaga county. Action by the Rector, Church Wardens, and Vestrymen of St. James’ Church, Syracuse, and Albert A. Brockway, against Frederic D. Huntington, as bishop of the diocese of Central New York, to compel defendant to issue to plaintiff Brockway a certificate of transfer, and to set aside an order forbidding said Brockway to officiate as rector of St. James’ Church. From a judgment entered on an order and decision dismissing the complaint, plaintiffs peal.
1Opinion of the CourtMerwin, J.
When a complaint is dismissed on the opening of counsel, the facts stated in the complaint are to be considered, and also such further facts as in the opening are offered to be proved, unless objection to such proof is made on the specific ground that it is not admissible under the pleadings. Clews v. Bank, 105 N. Y. 398, 11 N. E. 814. The question, then, in this case, is whether, upon the facts stated in the complaint, and such other facts as were stated in the opening without objection as to their not being pleaded, the plaintiffs are entitled to any relief.
In the complaint it is alleged:…
2Cases cited7 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Austin v. . SearingNew York Court of Appeals · 1857
- Connitt v. Reformed Protestant Dutch Church of New ProspectNew York Court of Appeals · 1874
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
- Connitt v. Reformed Protestant Dutch ChurchNew York Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Burdick v. ChesebroughAppellate Division of the Supreme Court of the State of New York · 1904
- Westminster Presbyterian Church of West Twenty-Third Street v. Trustees of PresbyteryAppellate Division of the Supreme Court of the State of New York · 1911
- Roblee v. Town of Indian LakeAppellate Division of the Supreme Court of the State of New York · 1896
- Farrar v. LeeAppellate Division of the Supreme Court of the State of New York · 1896
- Baxter v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1897
6 more not listed; retrieve them via the Exa API.