Went v. Methodist Protestant Church
New York Supreme Court
Appeal from special term, Kings county. Action by Robert Went against the Methodist Protestant Church of Williamsburgh and Union Cemetery. Prom a judgment perpetually restraining defendants from selling certain land used for cemetery purposes in the city of Brooklyn, or for using said land for any purpose whatever except for cemetery purposes, defendants. appeal. Reversed.
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Appeal from special term, Kings county. Action by Robert Went against the Methodist Protestant Church of Williamsburgh and Union Cemetery. Prom a judgment perpetually restraining defendants from selling certain land used for cemetery purposes in the city of Brooklyn, or for using said land for any purpose whatever except for cemetery purposes, defendants. appeal. Reversed. In the year 1851 the Methodist Protestant Church of Williamsburgh and" the Methodist Protestant Church of New York purchased from Margaret Duryea a plot of ground now in the city of Brooklyn, and comprising about three city…
1Opinion of the CourtBrown, P. J.
The power of the legislature to prohibit interments in or to remove the dead from cemeteries which, in the advance of urban population, may be detrimental to the public health, or in danger of becoming so, is not at this day a debatable question. Windt v. Reformed Church, 4 Sandf. Ch. 471; Richards v. Dutch Church, 32 Barb. 42; Brick Church v. Mayor, etc., 5 Cow. 538; Coates v. Mayor, etc., 7 Cow. 604; Sohier v. Trinity Church, 109 Mass. 1; Woodlawn Cemetery v. Everett, 118 Mass. 354; Kincaid’s Appeal, 66 Pa. St. 411; Craig v. Presbyterian Church, 88 Pa. 42; Tied. Lim. § 122d; Dill. Mun.…
2Cases cited9 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Billings v. PaineSupreme Court of Missouri · 1959
- Clarke v. KeatingAppellate Division of the Supreme Court of the State of New York · 1918
- Oatka Cemetery Ass'n v. CazeauAppellate Division of the Supreme Court of the State of New York · 1934
- Masonic Cemetery Ass'n v. GamageCourt of Appeals for the Ninth Circuit · 1930
12 more not listed; retrieve them via the Exa API.