Legal Opinion

Trustees of the German Evangelical Congregation of New Elm v. Hoessli

Wisconsin Supreme Court

Decided January 15, 1861PublishedCited by 13 opinions

APPEAL from tbe Circuit Court for Winnebago County. Tbe complaint in tbis case alleged tbe following facts: That on tbe 8th of September, 1851, tbe members then belonging to tbe religious society called tbe German Evangelical Congregation in.

Read the full summary

APPEAL from tbe Circuit Court for Winnebago County. Tbe complaint in tbis case alleged tbe following facts: That on tbe 8th of September, 1851, tbe members then belonging to tbe religious society called tbe German Evangelical Congregation in. New Elm, (in the county of Winnebago,) nottben incorporated, having previously been duly notified, met getber at tbe place then used by them for- stated divine worship, and duly elected three of their number trustees to take charge of the property of said religious society, and to transact all affairs relative to the temporalities thereof, and resolved…

1Opinion of the Court

%y gie (foug-t,

Cole, J.

We are of the opinion that the order overruling the demurrer to the complaint in this case, must be affirmed. Objections are taken to the complaint on several grounds. First, it is insisted that there is a defect of parties plaintiff, and that the state should be made a party. But we think this objection is clearly untenable. The ac*353tion is brought by tbe trustees of a religious society, which was incorporated under the provisions of chap. 47, R. 1849, for the purpose of restraining the appellants from terfering with the rights, estate and temporalities of the church and…

2Cases cited1 opinion

  1. Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829

3Cited by13 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
  3. Ashinsky v. LevensonSupreme Court of Pennsylvania · 1917
  4. Brundage v. DeardorfU.S. Circuit Court for the District of Northern Ohio · 1893
  5. DePauw v. OxleyWisconsin Supreme Court · 1904

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API