BAILEY v. MILLER


208 Misc. 26 (1955)

Nick Bailey, in Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Hugh R. Miller et al., Defendants.

Supreme Court, Special Term, Ontario County.

July 21, 1955.


Attorney(s) appearing for the Case

John J. Leonard for plaintiff.

James M. Ryan and Lyman B. Lewis for Hugh R. Miller, defendant.

Henry S. Manley for State Science Service, affiliate of New York State Museum, defendant appearing specially.


ROBERTS, 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...

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