Zaiser v. Miller

GREENE, Chief Judge.

This case involves a dispute between two factions who were members of the St. Paul Evangelical Lutheran Church of West Plains, Missouri. A schism occurred because of differences of opinion on doctrinal matters. Plaintiffs and defendants, each representing a class, claimed the right to possession and control of the church property.

Plaintiffs brought suit. In Count I of their amended petition, plaintiffs asked for a declaratory judgment under Rule 87, V.A. M.R., requesting that the court declare they, and those parishioners they represented, had adhered to the faith, creed,…