Commonwealth ex rel. Roth v. Kozakiewicz

Opinion by

Judge Craig,

In these habeas corpus proceedings, this court must consider whether an equity court may use a conditional incarceration commitment as a sanction to enforce a preliminary injunction which bars a church pastor from functioning in a particular church, pursuant to the court’s decision that his denomination has excluded him under its rules — or whether that sanction •should be negated by releasing the defendant by habeas corpus proceedings.

The Court of Common Pleas of Allegheny County, by Judge Narick, after holding a hearing in Western Pennsylvania — West Virginia Synod of…