In re Owens
Appellate Division of the Supreme Court of the State of New York
Appeal by the Albany Cemetery Association from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 2d day of July, 1902, authorizing the removal of the body of Ruth Owens, deceased, from the Albany Rural Cemetery. Ruth Owens was buried in the Albany Rural Cemetery at the instance of her father, Richard L. Owens, who, before his death, was the owner of a lot in said cemetery.
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Appeal by the Albany Cemetery Association from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 2d day of July, 1902, authorizing the removal of the body of Ruth Owens, deceased, from the Albany Rural Cemetery. Ruth Owens was buried in the Albany Rural Cemetery at the instance of her father, Richard L. Owens, who, before his death, was the owner of a lot in said cemetery. His wife, Margaret Owens, was a Roman Catholic. Richard L. Owens died in June, 1902, and,, having become a Román Catholic just prior to his…
1Opinion of the Court
Smith, J.:
The facts presented in the petition fully justified the order made if the court had jurisdiction to make the same. I am unable to find any statute authorizing this application. In Matter of Cohen (76 App. Div. 401; 78 N. Y. Supp. 417) the Appellate Division of the second department seems to have held that the Special Term was without power to make such an order unless it was authorized to make the same by some special statutory enactment. In that case an order made by the Special. Term authorizing the removal of a body from a cemetery Was reversed as unauthorized by any statute.…
2Cases cited2 opinions
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1902
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Orlin v. TorfAppellate Division of the Supreme Court of the State of New York · 1987
- Crohn v. Firemen's Benevolent Fund Ass'nNew York Supreme Court · 1973