Legal Opinion
Higgins v. Maher
California Court of Appeal
Decided May 23, 1989No. D007461PublishedCited by 26 opinions
1Opinion of the Court
Opinion
FROEHLICH, J.
Plaintiff Michael Higgins filed a complaint for damages against Leo T. Maher in his capacity as Roman Catholic bishop (Bishop), Maher in his individual capacity, and the Roman Catholic Diocese of San Diego. The general demurrer of all defendants was sustained without leave to amend, the court concluding that the matters embraced by the complaint were ecclesiastical and not within the jurisdiction of civil authority. Plaintiff appeals.
The parties do not disagree respecting the black letter law of civil intrusion into the regulation and administration of affairs involving…
2Cases cited9 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Leal v. Holy Spirit Ass'n for Unification of World ChristianityCalifornia Supreme Court · 1988
- Mrs. Billie B. McCLURE, Plaintiff-Appellant, v. the SALVATION ARMY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
- Walker v. Superior CourtCalifornia Supreme Court · 1988
- Rosicrucian Fellowship v. Rosicrucian Fellowship Non-Sectarian ChurchCalifornia Supreme Court · 1952
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Norman Redwing v. Catholic Bishop for the Diocese of MemphisTennessee Supreme Court · 2012
- Heard v. JohnsonDistrict of Columbia Court of Appeals · 2002
- Tran v. Fiorenza, Texas Court of Appeals, 1st District (Houston)1996
- Singh v. SinghCalifornia Court of Appeal · 2004
- Jae-Woo Cha v. Korean Presbyterian ChurchSupreme Court of Virginia · 2001
21 more not listed; retrieve them via the Exa API.