Parish of the Immaculate Conception v. Murphy

This is an action in equity to restrain the defendant from exercising any of the rights, faculties or privileges of a priest of the Roman Catholic church within the plaintiff’s church edifice, and from interfering with Father O’Brien, the alleged regularly appointed rector of the parish, in the discharge of his duties. Before answer day a motion was filed by seven gentlemen, including the defendant, to dismiss the petition for the alleged reason that a majority of the plaintiff’s trustees had not authorized the commencement of the action, but, on the contrary, desired that it should be.…