Pounder v. Ashe
Nebraska Supreme Court
Appeal from the district court of Seward county. Heard below before Bates, J. The civil courts having no ecclesiastical jurisdiction, cannot review or question ordinary acts or church discipline, or excision, and only have judicial power in eases arising from conflicting claims of parties to the church property and the use of it.
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Appeal from the district court of Seward county. Heard below before Bates, J. The civil courts having no ecclesiastical jurisdiction, cannot review or question ordinary acts or church discipline, or excision, and only have judicial power in eases arising from conflicting claims of parties to the church property and the use of it. The civil courts cannot decide who should be members of the church, nor whether those excpmmunicated have been justly or unjustly, regularly.or irregularly, cut off from the body of the church, and; the decision of the church or church judicatory is binding upon the…
1Opinion of the Court
Ryan, C.
This action was begun in the district court of Seward county by the appellants to restrain the appellees from using a certain church building for religious exercises conducted by defendant Ashe. The controversy focuses about the right of said Ashe to officiate as a clergyman of the church Of Mount Zion of the Beaver Crossing Mission of the Evangelical Association of North America. It is not disputed that Mr. Ashe was assigned to this charge by the annual conference of said association in March of the year 1890; and that at the commencement of this action his term had not ended by its…
2Cases cited7 opinions
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- In re ClarkNew York Supreme Court · 1832
- Smith v. NelsonSupreme Court of Vermont · 1846
- Van Meter v. PeopleIllinois Supreme Court · 1871
- Petition of BerginWisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pounder v. AsheNebraska Supreme Court · 1895
- Hatfield v. DeLongIndiana Supreme Court · 1901
- Bonacum v. MurphyNebraska Supreme Court · 1904
- Bonacum v. MurphyNebraska Supreme Court · 1904