Sale v. First Regular Baptist Church
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. The petition states that .tbe defendant is a corporation; that tbe plaintiff was a member thereof and entitled to enjoy all the privileges and franchises pertaining to such membership ; that the plaintiff was notified by the clerk or secretary of the defendant that ata meeting of the corporation she “was expelled therefrom, and cut off and cast out from her privileges and franchises as a member of the organization.”
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Appeal from Cerro Gordo Circuit Court. The petition states that .tbe defendant is a corporation; that tbe plaintiff was a member thereof and entitled to enjoy all the privileges and franchises pertaining to such membership ; that the plaintiff was notified by the clerk or secretary of the defendant that ata meeting of the corporation she “was expelled therefrom, and cut off and cast out from her privileges and franchises as a member of the organization.” The notice referred to is as follows: “Mason City, Iowa, Jan. 25th, 1882. “Mrs. S. C. Sale, “Dear Madam: “It has become my duty as clerk of…
1Opinion of the CourtServers, J.
When rights of property are in controversy, it is conceded by counsel for the appellant that the courts have the jurisdiction and power to inquire as to the proceedings of an ecclesiastical body which affect such right. And, on the other hand, as we understand, counsel for the appellee concede that, if there was no corporation, the courts could not inquire and determine whether the plaintiff had been lawfully expelled from the church for unchristian conduct, or for non-compliance with the rules and discipline of the church. But the appellee insists that, as a member of the corporation, the…
2Cases cited1 opinion
- Hardin v. Trustees of the Second Baptist Church of the City of DetroitMichigan Supreme Court · 1883
3Cited by17 opinions
- Nance v. BusbyTennessee Supreme Court · 1892
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Hundley v. CollinsSupreme Court of Alabama · 1901
- Marks v. Estate of HartgerinkSupreme Court of Iowa · 1995
- State v. CumminsIndiana Supreme Court · 1908
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