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

Majority

p. 679

The Rector, Church Wardens and Vestrymen of the Church of the Holy Trinity in the City of Brooklyn et al., Respondents, v. John H. Melish et al., Appellants, and James P. De Wolfe, as Bishop of the Diocese of Long Island, Respondent.

Submitted October 2, 1950;

decided October 5, 1950.

p. 680

Theodore Kiendl and Jackson A. Dykman for motion.

Raphael H. Weissman opposed.

Motions granted and appeal dismissed, with costs and $10 costs of motions, upon the ground that no constitutional question was property raised in the courts below. (See Matter of O’Neill v. Board of Regents, 298 N. Y. 777 ; Jongebloed v. Erie R. R. Co., 296 N. Y. 912 ; City of New Rochelle v. Closter, 296 N. Y. 506 .)

Cases cited

O'Neill v. Board of Regents 298 N. Y. 777 N.Y. 1948-12-02 p. 680
Jongebloed v. Erie Railroad 296 N. Y. 912 N.Y. 1947-02-28 p. 680
City of New Rochelle v. Closter 296 N. Y. 506 N.Y. 1946-07-23 p. 680