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Rector, Churchwardens Vestrymen v. Melish

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1956
1 A.D.2d 978 (N.Y. App. Div. 1956)

Opinion

April 26, 1956


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.


Summaries of

Rector, Churchwardens Vestrymen v. Melish

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1956
1 A.D.2d 978 (N.Y. App. Div. 1956)
Case details for

Rector, Churchwardens Vestrymen v. Melish

Case Details

Full title:RECTOR, CHURCHWARDENS AND VESTRYMEN OF THE CHURCH OF THE HOLY TRINITY et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 1956

Citations

1 A.D.2d 978 (N.Y. App. Div. 1956)