People ex rel. Brooklyn Children's Aid Society v. Hendrickson
New York Supreme Court
This ease was tried before, a court without a jury, upon issues raised by an alternative writ of mandamus and the ' return thereto. In March, 1906, the relator, The Brooklyn Children’s Aid Society, obtained an order requiring defendants to show cause why a peremptory writ of mandamus should not issue against them. The defendants having filed an affidavit denying some of the material facts in relator’s petition, an order was made directing that the alternative writ issue.
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This ease was tried before, a court without a jury, upon issues raised by an alternative writ of mandamus and the ' return thereto. In March, 1906, the relator, The Brooklyn Children’s Aid Society, obtained an order requiring defendants to show cause why a peremptory writ of mandamus should not issue against them. The defendants having filed an affidavit denying some of the material facts in relator’s petition, an order was made directing that the alternative writ issue. The alternative writ recites that defendants George C. Hendrickson, Harry H. Funnell, Ansell B. Gildersleeve, A. L. Field,…
1Opinion of the CourtScudder, J.
In 1866 the relator, the Brooklyn Children’s Aid Society, was incorporated as a charitable organization under the general act of 1848. Its certificate of incorporation states that it was incorporated “ for the purpose of establishing one or more homes or lodging houses for children in the City of Brooklyn,” and that “ the particular business and object of the Society shall be the protection, care and shelter of friendless and vagrant youth, furnishing them with food and raiment and lodging, and aiding and administering to their wants,. providing them with occupation, instructing them in moral…
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