Twenty-Third St. Baptist Church v. Cornwall

Superior Court of New York

Twenty-Third St. Baptist Church v. Cornwall

3 N.Y.S. 51, 1888 N.Y. Misc. LEXIS 467

CourtThe Superior Court of the City of New York and Buffalo

DecidedOctober 25, 1888

StatusPublished

This text of 3 N.Y.S. 51 (Twenty-Third St. Baptist Church v. Cornwall) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Twenty-Third St. Baptist Church v. Cornwall, 3 N.Y.S. 51, 1888 N.Y. Misc. LEXIS 467 (superctny 1888).

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Opinion

Per Curiam.

The principal question in this case, the one arising on the appeal from the judgment, has been passed upon* by the general term of the supreme court, Third department, in Presbyterian Church v. Cooper, 45 Hun, 453, 10 N. Y. St. Rep. 142. On the authority of that case, we hold that the subscriptions of the Ladies’ Aid Society, Young Men’s Mission Society, and of the Youths’ Mission Society were invalid, and that the aggregate of subscriptions was less than $50,000. The motion for a new trial on the judge’s minutes was improperly made. Section 999 of the Code of Civil Procedure authorizes the judge presiding at a trial by a jury to entertain a motion for a new trial made upon his minutes, only in a case where there has been a verdict. Dusenbury v. Dusenbury, 1 Civil Proc. R. 292, and cases there cited. The judgment and order are affirmed, with costs.

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Per Curiam.

The principal question in this case, the one arising on the appeal from the judgment, has been passed upon* by the general term of the supreme court, Third department, in Presbyterian Church v. Cooper, 45 Hun, 453, 10 N. Y. St. Rep. 142. On the authority of that case, we hold that the subscriptions of the Ladies’ Aid Society, Young Men’s Mission Society, and of the Youths’ Mission Society were invalid, and that the aggregate of subscriptions was less than $50,000. The motion for a new trial on the judge’s minutes was improperly made. Section 999 of the Code of Civil Procedure authorizes the judge presiding at a trial by a jury to entertain a motion for a new trial made upon his minutes, only in a case where there has been a verdict. Dusenbury v. Dusenbury, 1 Civil Proc. R. 292, and cases there cited. The judgment and order are affirmed, with costs.

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Bluebook (online)

3 N.Y.S. 51, 1888 N.Y. Misc. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/twenty-third-st-baptist-church-v-cornwall-superctny-1888.