Legal Opinion
Mitchell v. Church of Christ at Mt. Olive
Supreme Court of Alabama
Decided May 9, 1929No. 5 Div. 13PublishedCited by 17 opinions
1Opinion of the CourtFoster, J.
A bill of the nature involved on this appeal praying for an injunction affecting the property rights of a Baptist Church may properly be filed in the name of the church, though an unincorporated association. Sections 5723 et seq., Code; Sentell v. Friendship Baptist Church, 214 Ala. 584, 108 So. 517.
The trial court granted a temporary injunction, and overruled a motion to dissolve it and a demurrer to the bill.
We do not agree with appellants’ contention that the bill is subject to demurrer because it does not state that the congregation authorized the legal procedure. This means, when…
2Cases cited7 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Doe ex dem Chamberlain, Miller & Co. v. AbbottSupreme Court of Alabama · 1907
- Pallilla v. Galilee Baptist ChurchSupreme Court of Alabama · 1927
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907
- Sentell v. Friendship Baptist Church No. 2Supreme Court of Alabama · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Williams v. JonesSupreme Court of Alabama · 1952
- Mitchell v. Church of ChristSupreme Court of Alabama · 1930
- Caples v. Nazareth Church of Hopewell Ass'n.Supreme Court of Alabama · 1944
- Riley v. McElroySupreme Court of Alabama · 1945
- Wood, Wire & Metal Lathers International, Local No. 216 v. Brown & Root, Inc.Supreme Court of Alabama · 1953
12 more not listed; retrieve them via the Exa API.