Gouverneur Village v. Gouverneur Cemetery Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gouverneur Village, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in tlie office of the clerk'of the county of St, Lawrence on the 2d day of April, 1909, upon the decision of the court, rendered after a trial at the Washington Special Term, overruling the plaintiff’s demurrer to tile, first defense set up in the defendant’s answer.
1Opinion of the Court
Smith, P. J. :
The plaintiff is a village duly organized in the State of Píew York subject to the provisions of the General Village Law. The defendant is a cemetery association, incorporated under chapter 133 of the Laws of 1847. By resolution duly passed the defendant was required by the trustees of the plaintiff village to build a sidewalk upon the street adjoining the real estate owned and used by the defendant as a cemetery. The defendant neglected to build the sidewalk, which was afterwards built by the plaintiff at an expense of $862.64, which amount was assessed against the defendant.…
2Cases cited6 opinions
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- Matter of City of New YorkNew York Court of Appeals · 1908
- Oakland Cemetery v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1901
- Cemetery v. . City of YonkersNew York Court of Appeals · 1905
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3Cited by2 opinions
- Hollywood Cemetery Assn. v. PowellCalifornia Supreme Court · 1930
- People ex rel. New Forest Cemetery v. BodmerNew York Supreme Court · 1924