Trustees of Presbytery v. Westminister Presbyterian Church
New York Court of Appeals
Appeal from a judgment, entered January 4, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a final judgment entered in favor of plaintiff on failure of defendants to plead over after rendition of an interlocutory judgment overruling their demurrers to the plaintiff’s complaint and dismissing said complaint, and also reversing a decretal order entered at the foot of said judgment appointing a trustee to convey…
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Appeal from a judgment, entered January 4, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a final judgment entered in favor of plaintiff on failure of defendants to plead over after rendition of an interlocutory judgment overruling their demurrers to the plaintiff’s complaint and dismissing said complaint, and also reversing a decretal order entered at the foot of said judgment appointing a trustee to convey certain property to plaintiff. The judgment thus reversed awarded to plaintiff various forms of equitable relief which will…
1Opinion of the Court
Hiscock, Ch. J.
This action is one in equity and since final -judgment was rendered upon the allegations of the complaint for failure of defendants to plead over after their demurrers had been overruled by an interlocutory judgment,- we are concerned solely with the allegations of such complaint as a basis for relief. It is quite voluminous and there is a rather intricate commingling with its allegations of fact of statements of law which have no proper place there. From the entirety thus formed we shall attempt to select and summarize those allegations of fact which seem to be decisive of…
2Cases cited1 opinion
- Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
3Cited by25 opinions
- Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
- First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
- Saint Nicholas Cathedral of the Russian Orthodox Church in North America v. KedroffNew York Court of Appeals · 1950
- Morris v. ScribnerNew York Court of Appeals · 1987
- Bouchelle v. Trustees of The Presbyterian Congregation at The Head of ChristianaCourt of Chancery of Delaware · 1937
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