Lutheran Evangelical Church v. Gristgau
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. This was an action for an injunction to restrain the defendants from further interfering with or molesting the plaintiff, the Lutheran Evangelical Church of Schleisingerville, in the possession and enjoyment of its church property, records and tempo-ralities.
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APPEAL from tbe Circuit Court for Washington County. This was an action for an injunction to restrain the defendants from further interfering with or molesting the plaintiff, the Lutheran Evangelical Church of Schleisingerville, in the possession and enjoyment of its church property, records and tempo-ralities. The complaint set forth the organization of plaintiff as a religious society in 1847, its corporation under the general law in 1853, its subsequent incorporation by an act of legislature in 1864, by the name above stated, the election of different boards of trustees for the management…
1Opinion of the Court
Dixon, 0. J-
The only question argued in this case in support of the judgment appealed from, is as to whether the complaint states facts sufficient to constitute a cause of action in equity and for an injunction; and to that question the inquiries of the court will be limited. It is insisted, as the complaint shows the defendants to be mere wrong-doers, that it is but the ordinary case of an application to restrain trespassers against whom there exists an adequate remedy by action at 'law, and so equity is without jurisdiction. The points of dissimilarity between the facts set up in this…
2Cases cited6 opinions
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Gable v. MillerNew York Court of Chancery · 1844
- Putnam v. SweetWisconsin Supreme Court · 1849
- Trustees of the German Evangelical Congregation of New Elm v. HoessliWisconsin Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Nevil v. CliffordWisconsin Supreme Court · 1882
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- State v. SeigelCourt of Appeals of Wisconsin · 1991
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.