Langford v. Mount Zion Baptist Church
Court of Appeals of Georgia
Complaint; from city court of Savannah—Judge.Davis Freeman. March 4, 1918. In the original petition it is alleged, that the Mount Zion Baptist Church is an unincorporated religious organization under the governmgnt and control of a pastor and a board of trustees; that H. D. Butler is the pastor of said church, and William Black and others named are the trustees of said church, and that the said Mount Zion Baptist Church and the pastor and trustees thereof are indebted to…
Read the full summary
Complaint; from city court of Savannah—Judge.Davis Freeman. March 4, 1918. In the original petition it is alleged, that the Mount Zion Baptist Church is an unincorporated religious organization under the governmgnt and control of a pastor and a board of trustees; that H. D. Butler is the pastor of said church, and William Black and others named are the trustees of said church, and that the said Mount Zion Baptist Church and the pastor and trustees thereof are indebted to petitioner in the sum of $500; that the said pastor and trustees are likewise indebted to petitioner in the sum of $500…
1Opinion of the CourtWade, C. J.
1. A- suit can not be maintained against an unincorporated church. Mutual Life Ins. Co. v. Inman Park Church, 111 Ga. 677 (36 S. E. 880); Wynn v. Richard Allen Lodge, 115 Ga. 796 (42 S. E. 29); Western & Atlantic R. Co. v. Dalton Marble Works, 122 Ga. 774 (50 S. E. 978). Neither can a suit against an unincorporated church be converted by amendment into a suit against a corporation or body politic. Barbour v. Albany Lodge, 73 Ga. 474; Roberts v. Tift, 136 Ga. 901, 904 (72 S. E. 234). In the instant case the unincorporated organization which in the original petition was designated as defendant…
2Cases cited17 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Barbour v. Albany Lodge, No. 24Supreme Court of Georgia · 1884
- Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
- Mutual Life Insurance v. Inman Park Presbyterian ChurchSupreme Court of Georgia · 1900
- Smith v. PeacockSupreme Court of Georgia · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Farkas v. StephensSupreme Court of Georgia · 1936
- Zeigler v. PerryCourt of Appeals of Georgia · 1928
- Burgess v. JamesCourt of Appeals of Georgia · 1946