Schoonmaker v. Minister of the Reformed Protestant Dutch Church
New York Supreme Court
This was a motion to dissolve. a temporary injunction granted by a judge at chambers, re straining the defendants from erecting any church edifice or other building upon the old burying ground situate in the village of Kingston, or digging up or removing any earth therein, or therefrom, or doing any other act or thing, so as in any way or manner to interfere with the graves, or grave stones, erected at the graves of the ancestors, brother, husband and children of the…
Read the full summary
This was a motion to dissolve. a temporary injunction granted by a judge at chambers, re straining the defendants from erecting any church edifice or other building upon the old burying ground situate in the village of Kingston, or digging up or removing any earth therein, or therefrom, or doing any other act or thing, so as in any way or manner to interfere with the graves, or grave stones, erected at the graves of the ancestors, brother, husband and children of the plaintiff, or enclosing or covering such graves by, or with any structures or erections whatever, and from diverting the grave…
1Opinion of the Court
Harris, Justice.
A question was made upon the hearing of this motion as to the right of the plaintiff to read affidavits in opposition to the motion. The defendants have put in their answer and have verified it by affidavit in the manner required by the 157th section of the Code. Upon this answer they found their motion to dissolve the injunction. The plaintiff insists that the motion is, within the meaning of the 226th section of the Code, “ an application upon affidavit,” which entitles him to “ oppose the same by affidavits or other proofs.” The defendants, on the other hand, insist that…
2Cases cited1 opinion
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
3Cited by6 opinions
- Brown v. HillIllinois Supreme Court · 1918
- Matter of Board of Street Opening, Etc.New York Court of Appeals · 1892
- Tonella v. Fishkill Rural CemeteryNew York Supreme Court · 1929
- Catskill Rural Cemetery Ass'n v. GreeneNew York Supreme Court · 1935
- Stockton v. Mayor of NewarkNew Jersey Court of Chancery · 1887
1 more not listed; retrieve them via the Exa API.