Legal Opinion
Barber v. Irving
California Court of Appeal
Decided April 21, 1964No. Civ. 26910PublishedCited by 4 opinions
1Opinion of the CourtFiles, J.
The problem here is to determine what relief is appropriate when a minority of the members of an unincorporated church incorporates the group contrary to the wishes of the majority.
The background, as it appears from the trial court’s findings and from the evidence most favorable to the plaintiffs, will be stated.
The Greater Gethsemane Missionary Baptist Church was formed by the oral agreement of its founders on May 14, 1955, in Los Angeles. The association has never had any writ ten constitution or bylaws. It never affiliated with any other organization and never recognized or followed any…
2Cases cited12 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- State Inv. & Ins. Co. v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
- Neall v. HillCalifornia Supreme Court · 1860
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3Cited by4 opinions
- Trinity Tractor Co. v. Allis-Chalmers Manufacturing Co.California Court of Appeal · 1970
- Cavin Memorial Corp. v. RequaCalifornia Court of Appeal · 1970
- Schwartz v. SchwartzCalifornia Court of Appeal · 1969
- King v. CoulterArizona Supreme Court · 1976