Lawyer v. Cipperly
New York Court of Chancery
This was an application by John D. Lawyer, a clergyman, and a part of tho elders and deacons of Zion church, an incorporated Evangelical Lutheran society, for an injunction to restrain the defendants, who were the trustees of the corporation, from interfering with or impeding the complainants and their adherents in the occupation of the church belonging to such corporation, for public worship and the administration of religious ordinances; and from expelling the complainant…
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This was an application by John D. Lawyer, a clergyman, and a part of tho elders and deacons of Zion church, an incorporated Evangelical Lutheran society, for an injunction to restrain the defendants, who were the trustees of the corporation, from interfering with or impeding the complainants and their adherents in the occupation of the church belonging to such corporation, for public worship and the administration of religious ordinances; and from expelling the complainant Lawyer from the possession of the parsonage and tiie glebe lands belonging to such corporation, or from proceeding at…
1Opinion of the Court
The Chancellor.
I am inclined to think that the objection is well taken that the corporation is not made a party to this proceeding to deprive its trustees of the control of the temporalties of the church. The objection to such a proceeding is that a decision against these individual trustees will not be binding upon their successors, who will represent the corporation only. Neither will a decision in their favor settle the right claimed by the complainants as against the corporation : for the new trustees could not set up a decree against the complainants in favor of the present defendants,…
2Cited by17 opinions
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Robertson v. . BullionsNew York Court of Appeals · 1854
- Chase v. CheneyIllinois Supreme Court · 1871
- Miller v. GableNew York Supreme Court · 1845
- Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
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