Bendewald v. Ley
North Dakota Supreme Court
Appeal from an order of the District Court of McIntosh County, North Dakota, Honorable Frank P. Allen, Judge. Neither the state courts nor the civil courts will determine a question of doctrinal difference, or of church polity, for the sake of permitting or furnishing a basis upon which to predicate a civil action. All questions of doctrine, teachings, beliefs, and theory must first be settled within the church organization.
Read the full summary
Appeal from an order of the District Court of McIntosh County, North Dakota, Honorable Frank P. Allen, Judge. Neither the state courts nor the civil courts will determine a question of doctrinal difference, or of church polity, for the sake of permitting or furnishing a basis upon which to predicate a civil action. All questions of doctrine, teachings, beliefs, and theory must first be settled within the church organization. Courts will only determine property rights between two disputing church bodies, when separated from such questions. 34 Cyc. 1185; Mack v. Kime (Ga.) 24 L.R.A. (N.S.) 675;…
1Dissent
Bruce, Ch. J.
(dissenting). I am unable to concur in the majority-opinions in the above-entitled case.
I am willing to concede, in fact, I have actually stated in my dissenting opinion in the case of Gudmundson v. Thingvalla Lutheran Church, 29 N. D. 291, 150 N. W. 750, that a civil court can only assume jurisdiction in church matters where property rights are involved. I am also willing to concede that the courts should not attempt to settle theological and ecclesiastical disputes except where it is absolutely necessary, and that whenever such a question has been submitted to and passed upon…
2Cases cited1 opinion
- Gudmundson v. Thingvalla Lutheran ChurchNorth Dakota Supreme Court · 1914