Legal Opinion

North St. Louis Christian Church v. McGowan

Supreme Court of Missouri

Decided January 15, 1876PublishedCited by 10 opinions

Appeal from St. Louis Circuit Court. I. By legislative interpretation, Wagn. Stat., 840, § 5, art. Till, is the only provision under which churches may be incorporated. (Const. Mo., 1820, art. 13, § 5 ; Const. Mo. I860, art. 1. § 12; Wagn. Stat., 339-40, ch. 37.) II.

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Appeal from St. Louis Circuit Court. I. By legislative interpretation, Wagn. Stat., 840, § 5, art. Till, is the only provision under which churches may be incorporated. (Const. Mo., 1820, art. 13, § 5 ; Const. Mo. I860, art. 1. § 12; Wagn. Stat., 339-40, ch. 37.) II. Under this section it is necessary first (1) for all the persons, making application for incorporation, to sign a petition asking for incorporation ; and, second (2), to present the same, together with a copy of their constitution or articles of association, to the circuit court of the proper county. (Wagn. Stat., 340, § 5.) 1.…

1Opinion of the CourtWagner, Judge

This was originally a suit by the plaintiff, as an incorporated church, against the Boatmen’s Saving Institution, to recover the sum of $3,742.70, deposited by Robert McGowan on the 14th of January, 1873, while he was treasurer of the church, prior to its incorporation on the 29th day of January, 1873.

A brief summary of the' pleadings will show the grounds on which the parties place their respective claims.

In the petition it is stated, that the plaintiff was organized as a church in 1863, and was known as the “North St. Louis Christian Church ;” that it had met regularly every Sunday for…

2Cited by10 opinions

  1. Wilson v. BrookshireIndiana Supreme Court · 1890
  2. First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
  3. Russie v. BrazzellSupreme Court of Missouri · 1895
  4. Kreuger v. SchmiechenSupreme Court of Missouri · 1954
  5. McRoberts v. MoudyMissouri Court of Appeals · 1885

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