Legal Opinion

People ex rel. Dilcher v. German United Evangelical Saint Stephen's Church of Buffalo

New York Court of Appeals

Decided June 3, 1873PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment and order of the Special Term, which overruled the demurrer of the relator to defendant’s return to a writ of alternative, mandamus, and quashed the writ; and directing the issue of a peremptory writ, requiring that “ the defendant admit and restore, or cause to be restored, the plaintiff to membership of the said German United Evangelical St. Stephen’s…

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment and order of the Special Term, which overruled the demurrer of the relator to defendant’s return to a writ of alternative, mandamus, and quashed the writ; and directing the issue of a peremptory writ, requiring that “ the defendant admit and restore, or cause to be restored, the plaintiff to membership of the said German United Evangelical St. Stephen’s Church of Buffalo, together with all the rights and liberties, privileges, franchises and profits appertaining or belonging…

1Opinion of the CourtGrover, J.

By the judgment appealed from a peremptory writ of mandamus was awarded against the defendant, a cor*108poration organized under the act of 1813 (23 Statutes at Large, 687), to provide for the incorporation of religious societies, commanding it to admit and restore the relator to membership of-the German United Evangelical St. Stephen’s Church of Buffalo, together with all the rights and -liberties, privileges and franchises, and profits appertaining or belonging thereto, according to the command of the alternativo writ of mandamus. The demurrer interposed by the relator to the return of. the…

2Cases cited1 opinion

  1. Petty v. . TookerNew York Court of Appeals · 1860

3Cited by18 opinions

  1. Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
  2. Supreme Lodge, Knights of Honor of the World v. JohnsonIndiana Supreme Court · 1881
  3. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  4. Lahiff v. Saint Joseph's Total Abstinence & Benevolent SocietySupreme Court of Connecticut · 1904
  5. In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903

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