Kulinski v. Dambrowski
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. This action was brought by tbe appellants as trustees of tbe Cbureb of St. Joseph in tbe town of Sharon in said county, to restrain tbe defendant from forcibly removing tbe church buildings and other temporalities of tbe church.
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APPEAL from tbe Circuit Court for Portage County. This action was brought by tbe appellants as trustees of tbe Cbureb of St. Joseph in tbe town of Sharon in said county, to restrain tbe defendant from forcibly removing tbe church buildings and other temporalities of tbe church. The plaintiffs allege in their complaint, that the congregation of that church duly organized themselves into a corporation, under chap. 66, E. S., and have for several years annually elected trustees, and that they are its trustees duly elected, and have the charge and custody of the church building and other buildin…
1Opinion of the CourtDixon, C. J.
It was incumbent on the plaintiffs to show the existence of the corporation of which they claim to be the trustees and officers, in order to maintain their action. The existence, of the corporation, its organization or the creation of it under the statute, being shown, it might then be that color of office on the part of the plaintiffs — proof that they were acting as trustees of the church or were such de facto, would suffice. But it must be shown that there was a corporation of which the plaintiffs claimed to be the trustees. This was not done either by proof of organization under the…
2Cited by6 opinions
- Smith v. Massachusetts Mutual Life Ins.Supreme Court of Florida · 1934
- Grant v. ElderSupreme Court of Colorado · 1917
- West Koshkonong Congregation v. OttesenWisconsin Supreme Court · 1891
- Gimbel Bros. v. Milwaukee Boston StoreWisconsin Supreme Court · 1915
- Skinner v. Richardson, Boynton & Co.Wisconsin Supreme Court · 1890
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