Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth City
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for tbe District of Kansas. The First Methodist Episcopal Church of Leavenworth, Kan., .is a religious corporation incorporated by special act of the legislature of the territory of Kansas, February 21, I860, under the name of the First Methodist Episcopal Church, Leavenworth City,. Kansas; the act of incorporation declaring “that said corporation by that name shall be capable of making contracts, of suing and being sued, of…
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In Error to the Circuit Court of the United States for tbe District of Kansas. The First Methodist Episcopal Church of Leavenworth, Kan., .is a religious corporation incorporated by special act of the legislature of the territory of Kansas, February 21, I860, under the name of the First Methodist Episcopal Church, Leavenworth City,. Kansas; the act of incorporation declaring “that said corporation by that name shall be capable of making contracts, of suing and being sued, of pleading and being impleaded in all matters whatsoever in all courts of law and equity,” and generally it was endowed…
1Opinion of the CourtCaldwell, Circuit Judge
The first contention of the plaintiff in error is that the action should have been brought in the name of the trustees of the church, and not in its corporate name. This contention is founded on section 3, art. 12, of the constitution of the state of Kansas, which provides: "The title to all property of religious corporations shall vest in trustees, whose election shall be by (lie members of such corporations.” But by express provision of the special act of incorporation the corporation is authorized to sue on all causes of action in its corporate name. Moreover, if the contention of the…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Fish v. DodgeNew York Supreme Court · 1847
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
- E. I. Du Pont De Nemours Powder Co. v. DodsonSupreme Court of Oklahoma · 1915
16 more not listed; retrieve them via the Exa API.