Simmons v. . Allison
Supreme Court of North Carolina
PetitioN by defendants to rehear case between same parties, decided at February Term, 1895, of the Supreme •Court, by a Per Guriam judgment, without written opinion, affirming the judgment rendered for the plaintiff by Graham, J., at March Term, 1895, of MeoKlenbukg 'Superior Court. The essential facts are stated in the opinion of Associate Justice Clare.
1Opinion of the Court
Clark, J.:
This is a petition to rehear a firmer decision of this court in this case, which is a controversy between the trustees of a church, the plaintiffs complaining that they constitute the majority of the lawful trustees, tlie minority of the lawful trustees having illegally^ •associated the other defendants with them. The defendants contend that they are the lawful trustees. Each board •claims that its pastor should officiate.
*765Some confusion of ideas has been brought about on the-argument by an effort to treat this as an ordinary action of ejectment, and to give the parties who are…
2Cases cited13 opinions
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
- Jones v. . MialSupreme Court of North Carolina · 1880
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
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