Legal Opinion
Bailey v. Miller
New York Supreme Court
Decided July 21, 1955PublishedCited by 1 opinion
1Opinion of the CourtRoberts, J.
In this action the plaintiff, who claims to be chief of one of the clans of the Tonawanda Seneca Indian Tribe, seeks to enjoin excavation of the Indian burial ground near the city of Geneva, Ontario County, N. Y. This is a motion for a temporary injunction pending trial of said action.
It is the policy of the law that except for good and substantial reasons the quiet of the grave and the repose of the dead aré not to be disturbed. (Matter of Currier [Woodlawn Cemetery], 300 N. Y. 162, 164; Yome v. Gorman, 242 N. Y. 395, 403; Matter of Ackermann, 124 App. Div. 684, 685; 25 C. J. S., Dead…
2Cases cited14 opinions
- Yome v. GormanNew York Court of Appeals · 1926
- Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
- In re AckermannAppellate Division of the Supreme Court of the State of New York · 1908
- Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
- Overseas News Agency, Inc. v. Overseas Press, Inc.New York Supreme Court · 1944
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3Cited by1 opinion
- Tuscarora Nation of Indians v. Power Authority of New YorkDistrict Court, W.D. New York · 1958