Marien v. Evangelical Creed Congregation
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee-county: ObreN T. Williams, Circuit Judge. The appeal is by defendants from order overruling demurrer to the complaint, which is to the general effect that they are members of the Evangelical Greed Congregation, organized in 1897, which had acquired by purchase certain real estate and had erected church buildings thereon of large value; that its property had been acquired for the purposes of that church as a member of…
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Appeal from an order of the circuit court for Milwaukee-county: ObreN T. Williams, Circuit Judge. The appeal is by defendants from order overruling demurrer to the complaint, which is to the general effect that they are members of the Evangelical Greed Congregation, organized in 1897, which had acquired by purchase certain real estate and had erected church buildings thereon of large value; that its property had been acquired for the purposes of that church as a member of the Wisconsin District of the-German Evangelical Synod of North America for use in support of the creed, tenets, and…
1Opinion of the CourtDodge, J.
Tbe only concern of courts with tbe differences of creed or belief within or .between religious organizations is when some property or contract rights are involved and demand protection. It is, however, fully established by our own court, in common with most others, that when property has been acquired, whether by gift or purchase, for the maintenance and support of the faith of any recognized denomination or church, every member of the association acquiring it, corporate or unincorporated, has a right to resist its diversion to other antagonistic uses, whether secular or religious, and…
2Cases cited13 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Smith v. PedigoIndiana Supreme Court · 1893
- Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Ferraria v. VasconcellosIllinois Supreme Court · 1863
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3Cited by13 opinions
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
- Attoe v. Madison Professional Policemen's Ass'nWisconsin Supreme Court · 1977
- Kanneberg v. Evangelical Creed CongregationWisconsin Supreme Court · 1911
- Baptist City Mission Society v. People's Tabernacle Congregational ChurchSupreme Court of Colorado · 1918
- Gibson v. Trustees of Pencader Presbyterian ChurchCourt of Chancery of Delaware · 1939
8 more not listed; retrieve them via the Exa API.