Rector, Churchwardens & Vestrymen of the Church of the Holy Trinity v. Melish

Appellate Division of the Supreme Court of New York

Rector, Churchwardens & Vestrymen of the Church of the Holy Trinity v. Melish

1 A.D.2d 978, 151 N.Y.S.2d 291, 1956 N.Y. App. Div. LEXIS 5652

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 1956

StatusPublished

This text of 1 A.D.2d 978 (Rector, Churchwardens & Vestrymen of the Church of the Holy Trinity v. Melish) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rector, Churchwardens & Vestrymen of the Church of the Holy Trinity v. Melish, 1 A.D.2d 978, 151 N.Y.S.2d 291, 1956 N.Y. App. Div. LEXIS 5652 (N.Y. Ct. App. 1956).

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Opinion

In an action to declare the rights of the parties and to restrain defendants from interfering with the property, funds and management of a parish church, order denying plaintiffs’ motion for an injunction pendente lite affirmed, without costs. On the record presented we are unable to say that it was an improper exercise of discretion to deny the application for a temporary injunction herein. The propriety of an injunctive order in a matter of this kind may be more satisfactorily reviewed, if necessary, on appeal from the judgment after issues have been joined, a complete record made at a trial where the parties have had the opportunity to adduce all their proof, and after the Trial Justice has made a determination as to the disputed facts, if any, and as to the applicable law. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See 1 Misc 2d 933.]

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In an action to declare the rights of the parties and to restrain defendants from interfering with the property, funds and management of a parish church, order denying plaintiffs’ motion for an injunction pendente lite affirmed, without costs. On the record presented we are unable to say that it was an improper exercise of discretion to deny the application for a temporary injunction herein. The propriety of an injunctive order in a matter of this kind may be more satisfactorily reviewed, if necessary, on appeal from the judgment after issues have been joined, a complete record made at a trial where the parties have had the opportunity to adduce all their proof, and after the Trial Justice has made a determination as to the disputed facts, if any, and as to the applicable law. Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See 1 Misc 2d 933.]

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1 A.D.2d 978, 151 N.Y.S.2d 291, 1956 N.Y. App. Div. LEXIS 5652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rector-churchwardens-vestrymen-of-the-church-of-the-holy-trinity-v-nyappdiv-1956.

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