Masbruch v. von Oehsen
Wisconsin Supreme Court
Appeal from an order of the circuit court for Grant county: Geoege ClemeNtsoN, Circuit Judge. This action was brought to restrain the defendants, trustees of an incorporated church bearing the title of Evangelische-Lutherischen Eriedens Gemeinde zu Platteville, Wisconsin, also known and described as I)ie Corporation der Deutschen Evangelische-Lutherischen Eriedens Kirche zu Platteville, Wisconsin, from interfering with the plaintiff in the exercise of his rights of…
Read the full summary
Appeal from an order of the circuit court for Grant county: Geoege ClemeNtsoN, Circuit Judge. This action was brought to restrain the defendants, trustees of an incorporated church bearing the title of Evangelische-Lutherischen Eriedens Gemeinde zu Platteville, Wisconsin, also known and described as I)ie Corporation der Deutschen Evangelische-Lutherischen Eriedens Kirche zu Platteville, Wisconsin, from interfering with the plaintiff in the exercise of his rights of membership in that corporation by virtue of a resolution or order of the defendants directing the secretary of the corporation to…
1Opinion of the CourtKerwiN, J.
Tbe defendants are trustees of a corporation organized under tbe laws of tbe state of Wisconsin. Tbe corporation was a proper party defendant in tbe instant suit, but under tbe allegations of tbe complaint it was not a necessary party.
Tbe allegations of tbe complaint negative tbe idea tbat tbe defendants were acting witbin tbe scope of tbeir authority as trustees wben tbey struck plaintiff’s name from tbe cburcb roll and denied bim bis rights and privileges as a member of tbe corporation. Tbe complaint shows tbat tbe acts of the defendants were neither authorized nor assented to by tbe…
2Cases cited5 opinions
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- West Koshkonong Congregation v. OttesenWisconsin Supreme Court · 1891
- Marien v. Evangelical Creed CongregationWisconsin Supreme Court · 1907
- Hellstern v. KatzerWisconsin Supreme Court · 1899
- State ex rel. Weingart v. Board of Officers of the Central SocietyWisconsin Supreme Court · 1911
3Cited by2 opinions
- Attoe v. Madison Professional Policemen's Ass'nWisconsin Supreme Court · 1977
- David v. CarterCourt of Appeals of Texas · 1949