Legal Opinion

People ex rel. Fleming v. Hart

New York Court of Common Pleas

Decided April 6, 1891Published

Appeal from special term. Application by Charles E. Fleming and others, relators, church-warden and trustees of the Protestant Episcopal Church of St. Stephen in the city of New York, for a mandamus requiring A. Bloomer Hart, rector of said church, to join with the relators in holding a special election to supply vacancies in the vestry of said church.

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Appeal from special term. Application by Charles E. Fleming and others, relators, church-warden and trustees of the Protestant Episcopal Church of St. Stephen in the city of New York, for a mandamus requiring A. Bloomer Hart, rector of said church, to join with the relators in holding a special election to supply vacancies in the vestry of said church. The following facts appear in the case: St. Stephen’s Church is organized under section 1, c. 60, of the Laws of 1813, and its church edifice is located on Forty-Sixth street, between Fifth and Sixth avenues. The defendant is, and for several…

1Opinion of the Court

Daly, C. J

This is an appeal by the defendant, A. Bloomer Hart, rector of the Protestant Episcopal Church of St. Stephen in the city of New York, from an order of the special term of this court, made upon the petition of Charles E. Fleming, church-warden, and William F. Watson and Charles Shroeder, vestry-men, corporators and trustees of said church, directing that a writ of mandamus issue to the said rector, requiring him to join with the said relators in holding a special election to supply vacancies in the vestry of said church, caused by the ousting from office of Stephen R. Weeks as…

2Cases cited5 opinions

  1. In re Union InsuranceNew York Supreme Court · 1840
  2. People ex rel. Deuchler v. Board of County CanvassersNew York Supreme Court · 1882
  3. People ex rel. Stapleton v. BellNew York Supreme Court · 1889
  4. McGuire v. ByrnesNew York Supreme Court · 1888
  5. People ex rel. Stapleton v. BellNew York Supreme Court · 1889

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