Miller v. Eschbach
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This was an application by the appellant for a writ of mandamus The petitioner, in substance alleged that on Easter Monday, 1874, he was re-elected an elder in the Evangelical Reformed Church of Frederick, and that he was entitled to be admitted into said office as a member of the consistory of said church, and to exercise and perform the duties thereof; but that the appellees had excluded and continued to exclude him from…
Read the full summary
Appeal from the Circuit Court for Frederick County. This was an application by the appellant for a writ of mandamus The petitioner, in substance alleged that on Easter Monday, 1874, he was re-elected an elder in the Evangelical Reformed Church of Frederick, and that he was entitled to be admitted into said office as a member of the consistory of said church, and to exercise and perform the duties thereof; but that the appellees had excluded and continued to exclude him from the exercise of his authority as member of said consistory ; and that the Rev. E. R. Eschbach, as the officiating…
1Opinion of the CourtBrent, J.
The question which lies at the foundation of this case, is the election of the appellant, as one of the elders of “The Evangelical Reformed Church of Frederick,” on Easter Monday, of the year 1874. If not duly and legally elected to fill that office, he cannot be entitled to the mandamus asked for, no matter what might be the opinion of this Court upon the other many and interesting questions presented in the very elaborate arguments of the several able counsel representing the respective parties.
To the legality of the election of the appellant, a custom and usage of the church of long…
2Cited by9 opinions
- Rutherford v. MorrisIllinois Supreme Court · 1875
- In re Tidewater Coal ExchangeCourt of Appeals for the Second Circuit · 1922
- Murdoch v. StrangeCourt of Appeals of Maryland · 1904
- Evans v. Shiloh Baptist ChurchCourt of Appeals of Maryland · 1950
- Jenkins v. New Shiloh Baptist ChurchCourt of Appeals of Maryland · 1948
4 more not listed; retrieve them via the Exa API.