Morton v. St. Patrick's Roman Catholic Church Society of Salamanca
New York Supreme Court
Action for injunction to restrain defendant, a religious corporation, from using certain of its real property in the town of Great Valley for cemetery purposes.
1Opinion of the CourtPound, J.
The objection that the hoard of health of the town o.f Great Valley has not legal capacity to sue, except in the name of the town (Board of Health v. Magill, 17 App. Div. 249), has been waived by failure to raise the same by answer or demurrer. Code Civ. Pro., § 499.
The general power conferred by the Eeligious Corporations Law upon religious corporations to take and hold real ■ property for cemetery purposes (Laws of 1895, chap. 723, § 7), does not vest in such corporations the power to locate *73and maintain at will their cemeteries in towns, but confers such power subject to the exercise of…
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
3Cited by4 opinions
- Shedrick v. Board of Health of the Consolidated DistrictNew York Supreme Court · 1953
- Wojtkowiak v. Evangelical Lutheran St. John's ChurchAppellate Division of the Supreme Court of the State of New York · 1932
- Moritz v. United Brethrens Church on Staten IslandAppellate Division of the Supreme Court of the State of New York · 1935
- Wojtkowiak v. Evangelical Lutheran St. John's ChurchNew York Supreme Court · 1931