Legal Opinion

In re St. Louis Institute of Christian Science

Missouri Court of Appeals

Decided November 8, 1887PublishedCited by 9 opinions

Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The proposed corporation is not a religious corporation within the purview of the constitution. Baptist Church v. Wither ell, 3 Paige, 301; Weld ¶. May, 9 Cush. 188; Ex parte Andrews, 18 Cal. 684. The corporation is not one for pecuniary profit. Sheren n. Mendenhall, 23 Minn. 92; Gooch v. Association, 109 Mass. 567; McDonald v. Hospital, 120 Mass. 432 ; American Asylum *. Banlc, 10 Am.

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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The proposed corporation is not a religious corporation within the purview of the constitution. Baptist Church v. Wither ell, 3 Paige, 301; Weld ¶. May, 9 Cush. 188; Ex parte Andrews, 18 Cal. 684. The corporation is not one for pecuniary profit. Sheren n. Mendenhall, 23 Minn. 92; Gooch v. Association, 109 Mass. 567; McDonald v. Hospital, 120 Mass. 432 ; American Asylum *. Banlc, 10 Am. Dec. 112. The allowance of a fee to the amicus curies, to be taxed as costs, was unwarranted by law. Rev. Stat., sect. 1010; Steele v. Wear, 54 Mo.…

1Opinion of the CourtLewis, P. J.

Application was made to the circuit court by Janet T. Colman, Jonas M. Hampson, and Erwin L. Colman for a pro-forma decree of incorporation, under article 10 of chapter 21, of the Revised Statutes. The intended corporation was to be named, “The St. Louis Institute of Christian Science,” and a copy of its constitution accompanying the petition contained the following provisions :

“Article III. The object of said institute shall be:
“1. To teach a higher sense of the moral and spiritual qualifications requisite for harmony and health, thereby elevating mankind mentally, morally, and physically.
“2.…

2Cases cited3 opinions

  1. Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
  2. Kelley v. Andrew CountySupreme Court of Missouri · 1869
  3. Sheren v. MendenhallSupreme Court of Minnesota · 1876

3Cited by9 opinions

  1. State Ex Rel. Gentry v. BeckerSupreme Court of Missouri · 1943
  2. Evangelical Lutheran Synod v. HoehnSupreme Court of Missouri · 1946
  3. State ex rel. Morris v. Board of TrusteesSupreme Court of Missouri · 1903
  4. Detroit Trust Co. v. MasonMichigan Supreme Court · 1944
  5. In Re Application of Henry County Mutual Burial Ass'nMissouri Court of Appeals · 1934

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