Legal Opinion

Spiritual Atheneum Society v. Selectmen of Randolph

Supreme Court of Vermont

Decided October 15, 1885PublishedCited by 8 opinions

Petition for mandamus. The petition set forth, in part, that the petitioner was a religious society, organized according to law for the purpose of supporting the gospel and maintenance of public worship, located and holding regular meetings for the purpose aforesaid in the village of West Randolph. The articles of association were also set out, commencing: “ Spiritual Atheneum Society. We, the subscribers, hereby associate ourselves together as a corporation,” etc.

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Petition for mandamus. The petition set forth, in part, that the petitioner was a religious society, organized according to law for the purpose of supporting the gospel and maintenance of public worship, located and holding regular meetings for the purpose aforesaid in the village of West Randolph. The articles of association were also set out, commencing: “ Spiritual Atheneum Society. We, the subscribers, hereby associate ourselves together as a corporation,” etc. Then followed the purpose of the association, its organization, and the names of the members. The petition also alleged that the…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

We have no occasion to decide whether the petitioner, on the facts, is legally entitled to share in the distribution of the public money given by law to religious societies who maintain stated preaching of the gospel for one fourth of the Sabbaths during the year.

The case shows that in March, 1884, the defendants, in fact, divided the public money among other religious societies. That money has gone beyond their control, An order, therefore, to allot its proper share of the same to the petitioner would be wholly nugatory. For this reason the…

2Cited by8 opinions

  1. Gerard Couture v. Selectmen of BerkshireSupreme Court of Vermont · 1960
  2. State v. StannardOregon Supreme Court · 1917
  3. Roy v. FarrSupreme Court of Vermont · 1969
  4. Brewster v. Mayor of RutlandSupreme Court of Vermont · 1970
  5. Pierce v. Executive CouncilSupreme Court of Iowa · 1914

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