Perry v. Wheeler
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. The letter containing the proceedings of appellees, and their action in fixing appellant’s salary, constitutes a valid contract between the parties. 1st, That appellant should be their rector permanently; 2d, That he should receive $600 a year, and the free use of the rectory and grounds. 2. The proceedings of the “board of reference” were illegal and void, though confirmed and ratified by the bishop.
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Case 13 — PETITION EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. The letter containing the proceedings of appellees, and their action in fixing appellant’s salary, constitutes a valid contract between the parties. 1st, That appellant should be their rector permanently; 2d, That he should receive $600 a year, and the free use of the rectory and grounds. 2. The proceedings of the “board of reference” were illegal and void, though confirmed and ratified by the bishop. (Canon 4, title 2, and canon 7, title 3 of the Digest of Canons.) When property rights are concerned the ecclesiastical courts…
1Opinion of the CourtChief Justice Lindsay
The contract between the Rev. G. B. Perry, D. D., and the wardens and vestry of Grace Church, at Hopkinsville, Kentucky, is evidenced by the following papers:
Hopkinsville, ICy., Sept. 1, 1867.
“ Rev. G. B. Perry, D. D.:
“Dear Sir — By the unanimous vote of the members of Grace Church, Hopkinsville, taken at a meeting held on Thursday last, the vestry were authorized to submit the following to your consideration:
“ Be it Resolved, and hereby it is resolved, that the Rev. G. B. Perry, I). E>., be and hereby is elected permanently to the rectorship of Grace Church, Hopkinsville, at a salary…
2Cases cited2 opinions
- Watson v. AveryCourt of Appeals of Kentucky · 1867
- Gartin v. PenickCourt of Appeals of Kentucky · 1868
3Cited by15 opinions
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- Roxana Petroleum Co. v. RiceSupreme Court of Oklahoma · 1924
- New England Mutual Life Insurance v. HurstCourt of Appeals of Maryland · 1938
- Sullivan v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1904
- Thomas v. LewisCourt of Appeals of Kentucky (pre-1976) · 1928
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