First Reformed Presbyterian Church v. Bowden
New York Supreme Court
Appeal from .an order of special term denying defendant’s motion to dissolve an injunction. This action was brought by the First Reformed Presbyterian Church of York, against Samuel Bowden and others. The facts are stated in the opinion, and also stated, in some further detail, in our report of the previous decision by Mr. Justice Macomber, made on the previous motion to dissolve, founded bn plaintiff’s papers only, which will be found in 10 Abb. N. Q. 1.
1Opinion of the CourtSmith, P. J.
The plaintiff is a religious incorporation formed under chapter sixty of the Laws of 1813. It is of the denomination known as “The Reformed Presbyterian Church in America.” The action was brought and the injunction order was made to restrain the defendants from diverting the temporalities of the plaintiff to the purposes of a denomination other than , that to which the church members of the corporation belong. The principal ground alleged in support of the motion to dissolve the injunction is that the plaintiff did not authorize the bringing of the action. The complaint alleged, in substance,…
2Cases cited2 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Robertson v. . BullionsNew York Court of Appeals · 1854
3Cited by9 opinions
- Fiske v. BeatyAppellate Division of the Supreme Court of the State of New York · 1923
- Recamier Manuf'g Co. v. SeymourNew York Court of Common Pleas · 1889
- Rector, Churchwardens & Vestrymen of Christ's Church v. CollettAppellate Division of the Supreme Court of the State of New York · 1924
- Westminster Presbyterian Church v. FindleyNew York Supreme Court · 1904
- Averill v. BarberNew York Supreme Court · 1889
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