Morton v. St. Patrick's Roman Catholic Church Society
New York Supreme Court
Action by William S. Morton and others, as the board of health of the town of Great Valley, county of Cattaraugus, against the St. Patrick’s Roman Catholic Church Society of Salamanca, to restrain defendant from using certain real estate in Great Valley for cemetery purposes. Judgment for defendant.
1Opinion of the CourtPound, J.
The objection that the board of health of the town of Great Valley has not legal capacity to sue, except in the name of the town (Board of Health v. Magill, 17 App. Div. 249, 45 N. Y. Supp. 710), has been waived by failure to raise the same by answer or demurrer (Code Civ. Proc. § 499).
The general power conferred by the religious corporations law upon religious corporations to take and hold real property for cemetery purposes (Daws 1895, p. 481, c. 723, § 7), does not vest in such corporations the power to locate and maintain at will their cemeteries in towns, but confers such power subject…
2Cases cited4 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- People Ex Rel. Oak Hill Cemetery Ass'n v. PrattNew York Court of Appeals · 1891
- Eagle Insurance v. OhioSupreme Court of the United States · 1894
- Board of Health v. MagillAppellate Division of the Supreme Court of the State of New York · 1897