Alemany v. Wensinger
California Supreme Court
Appeal from tbe District Court- of tbe Eourth District, City and County of San Erancisco. Action brought by Josepb S. Alemany, Boman Catholic Archbishop of San Erancisco, against the defendants, members of the congregation of Boman Catholic Germans of the City of San Erancisco, to obtain a decree for the sale of certain lots, and the buildings thereon, including the Church of Saint Boniface, held in trust by him for the use of said congregation, and to apply the proceeds…
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Appeal from tbe District Court- of tbe Eourth District, City and County of San Erancisco. Action brought by Josepb S. Alemany, Boman Catholic Archbishop of San Erancisco, against the defendants, members of the congregation of Boman Catholic Germans of the City of San Erancisco, to obtain a decree for the sale of certain lots, and the buildings thereon, including the Church of Saint Boniface, held in trust by him for the use of said congregation, and to apply the proceeds after paying off the indebtedness of said congregation to the purchase of another and more suitable lot and the erection…
1Opinion of the Court
Wallace, ■!.,
delivered the opinion of the Court, Cbock-ett, J., and Rhodes, C. J., concurring:
The principal purpose intended by the donors was to provide “a Roman Catholic Church for the German Congregation of the City of San Francisco.” As a means to this end the lot on Sutter street, near Montgomery, was *293selected, and at the time of the selection it was suitable or at least not inappropriate for that purpose. Subsequent events, not then anticipated, and therefore not expressly provided for by the donors, have already practically defeated the scheme of the original donation. Hotels and…
2Cited by8 opinions
- City and County of San Francisco v. SweetCalifornia Supreme Court · 1995
- Miller v. KehoeCalifornia Supreme Court · 1895
- Olmstead v. BussCalifornia Supreme Court · 1898
- O'Hara v. Grand Lodge of Independent Order of Good TemplarsCalifornia Supreme Court · 1931
- Craemer v. DrakeCalifornia Supreme Court · 1940
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