Kelsey v. Jackson
Supreme Court of Georgia
Complaint. Before Judge Longley. City court of LaGrange. December term, 1904.; Kelsey brought suit against Jackson and others, as deacons and trustees of the First Baptist Church, colored, of LaGrange. He alleged that they were the trustees of the church, and that the title to the church property was in them, and they held and controlled it for the benefit of said church. , Certain real estate was described, and it was alleged that there was no other trust property.
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Complaint. Before Judge Longley. City court of LaGrange. December term, 1904.; Kelsey brought suit against Jackson and others, as deacons and trustees of the First Baptist Church, colored, of LaGrange. He alleged that they were the trustees of the church, and that the title to the church property was in them, and they held and controlled it for the benefit of said church. , Certain real estate was described, and it was alleged that there was no other trust property. He further alleged that the church was indebted to him a stated amount for salary as pastor, and also a certain amount for the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1-3. An action can not be brought by or against an unincorporated church as an entity. Thurmond v. Cedar Springs Baptist Church, 110 Ga. 816; Mutual life Ins. Co. v. Inman Park Presbyterian Church, 111 Ga. 677; Wilkins v. Wardens of St. Mark’s Church, 52 Ga. 351. Incorporation which will authorize suit to be brought by or against a church may be had under section 2351 of the Civil Code, or by filing a certificate as provided in section 2355 of the Civil Code. See also §§ 2356, 2357. Where it does not appear that a church has been incorporated, or that a certificate…
2Cases cited5 opinions
- Lyons v. Planters' Loan & Savings BankSupreme Court of Georgia · 1890
- Mutual Life Insurance v. Inman Park Presbyterian ChurchSupreme Court of Georgia · 1900
- Josey v. Union Loan & Trust Co.Supreme Court of Georgia · 1899
- Thurmond v. Cedar Spring Baptist ChurchSupreme Court of Georgia · 1900
- Wilkins v. Wardens & Vestry of St. Mark's Protestant Episcopal ChurchSupreme Court of Georgia · 1874
3Cited by13 opinions
- Walker v. Grand International Brotherhood of Locomotive EngineersSupreme Court of Georgia · 1938
- Stanley v. City of GlennvilleSupreme Court of Georgia · 1913
- Timmons v. Citizens BankCourt of Appeals of Georgia · 1912
- McLendon v. SimmonsCourt of Appeals of Georgia · 1929
- Zeigler v. PerryCourt of Appeals of Georgia · 1928
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