MacLaury v. . Hart
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 2, 1890, which affirmed an order of Special Term granting an injunction pendente lite.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made June 2, 1890, which affirmed an order of Special Term granting an injunction pendente lite. This action was brought by plaintiff, a vestryman of the Protestant Episcopal church of St. Stephen, in the city of Hew York, as trustee, against the rector, wardens, and vestrymen of said church, and the rector, wardens and vestrymen of the Holy Trinity church, of Harlem, to restrain the carrying out of an agreement for consolidation made by and between the two churches, both of which were…
1Opinion of the CourtFinch, J.
We reverse the order appealed from upon the ground that the facts stated in the complaint do not justify an award of the equitable relief demanded. We do not review the discretion which grants an injunction temporarily restraining a defendant until final judgment, unless we are entirely satisfied that the plaintiff is not entitled to ultimate relief. The present action seeks to withdraw from the tribunals specially clothed with authority to determine the controversy the right to decide it, and has no adequate foundation except distrust of those tribunals. Two religious corporations cannot…
2Cases cited1 opinion
- People of the State of N.Y. v. . WassonNew York Court of Appeals · 1876
3Cited by11 opinions
- Leeman v. VocelkaNebraska Supreme Court · 1948
- Hogan v. . KavanaughNew York Court of Appeals · 1893
- McCutcheon v. Superior CourtCalifornia Court of Appeal · 1933
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1890
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