Legal Opinion

People ex rel. Sturges v. Keese

New York Supreme Court

Decided June 15, 1882Published

Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court without a jury. The action was in the nature of a quo warranto to oust the defendants from the office of wardens of Christ Church, in Cooperstown. The case was tried before Mr. Justice Follett, who, upon directing the complaint to be dismissed, delivered the following opinion:

1Opinion of the Court

Follett, J.:

Prior to the act of April 4, 1784, the religious corporations of the Colony and State of New York were organized under special charters. At this date a general act was passed which provided for the incorporation of such corporations, the ninth section of which prescribed the qualifications entitling persons to vote at elections. (1 Jones & Yarick, 104 ; 1 Greenl, 71.)

This act not being satisfactory to the Episcopal church in this State, an act, entitled “An act for the relief of the Protestant Episcopal Church, in the State of New York,” was passed March 17, 1795. (8 Greenl, 188.)…

2Cases cited7 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
  3. Miller v. StateSupreme Court of the United States · 1873
  4. Robertson v. . BullionsNew York Court of Appeals · 1854
  5. Boyles v. McMurphyIllinois Supreme Court · 1870

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