Christian Church v. Sommer
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Christian Church of Huntsville, Ala., and others, against Daniel Sommer and others. From a decree sustaining demurrers and a motion to dismiss for want of equity, plaintiffs appeal.
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Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Christian Church of Huntsville, Ala., and others, against Daniel Sommer and others. From a decree sustaining demurrers and a motion to dismiss for want of equity, plaintiffs appeal. This is a bill filed by the trustees of the Christian Church of Huntsville, Ala., against certain members of a church alleged to be an independent church and having no connection with or right to the eliurch building concerning which this bill is filed. It is alleged that the Christian denomination, known as the Disciples of Christ,…
1Opinion of the Court
McCLELLAN, J. —
Appeal from granting motion to dismiss for want of equity, and sustaining demurrers to the bill. An incorporated church is composed of two distinct elements, viz.: The church proper, as distinguished from the entity created by the act of incorporation ; and the corporation itself, which has relation only to- the temporalities of the institution. The purpose of the incorporation of a church is to acquire and care for the property thereof. — Hundley v. Collins, 131 Ala. 234, 32 South. 575, 90 Am. St. Rep. 33. As regards the purely ecclesiastical or spiritual feature of the…
2Cases cited8 opinions
- Williams v. PearsonSupreme Court of Alabama · 1862
- Hundley v. CollinsSupreme Court of Alabama · 1901
- Brundage v. DeardorfCourt of Appeals for the Sixth Circuit · 1899
- Brundage v. DeardorfU.S. Circuit Court for the District of Northern Ohio · 1893
- Fulbright v. HigginbothamSupreme Court of Missouri · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Williams v. JonesSupreme Court of Alabama · 1952
- Guin v. JohnsonSupreme Court of Alabama · 1935
- Morgan v. GabardSupreme Court of Alabama · 1912
- Davis v. RossSupreme Court of Alabama · 1951
- Manning v. YeagerSupreme Court of Alabama · 1918
10 more not listed; retrieve them via the Exa API.