Legal Opinion

Gartin v. Penick

Court of Appeals of Kentucky

Decided April 24, 1868PublishedCited by 12 opinions

CASE 19 — PETITION EQUITY APPEAL EBOM MARION CIRCUIT COURT. CITED— 2 Star He's Ev.,p. 271. 12 Johnson, 536; Verplank vs. Sieany, 13 Johnson, 285; 18 Johnson, 544. 16 Peters, 119-20; Tompkins vs. 'Wheeler. Constitution and Form of Government and Proceedings of General Conventions and Synods of the Presbyterian Church. CITED— 7 B. Mon., 481; Gibson, Syc., vs. Armstrong. 3 B. Mon., 258; Shannon vs. Frost. 2 Bush; Watson, Syc., vs. Avery, ¿yc. 14 B. Mon., 56 ; Harper vs. Straws.

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CASE 19 — PETITION EQUITY APPEAL EBOM MARION CIRCUIT COURT. CITED— 2 Star He's Ev.,p. 271. 12 Johnson, 536; Verplank vs. Sieany, 13 Johnson, 285; 18 Johnson, 544. 16 Peters, 119-20; Tompkins vs. 'Wheeler. Constitution and Form of Government and Proceedings of General Conventions and Synods of the Presbyterian Church. CITED— 7 B. Mon., 481; Gibson, Syc., vs. Armstrong. 3 B. Mon., 258; Shannon vs. Frost. 2 Bush; Watson, Syc., vs. Avery, ¿yc. 14 B. Mon., 56 ; Harper vs. Straws. Constitution and Form of Government of Presbyterian Church. Proceedings of General Conventions and Synods of…

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion of tiie majority of the court :

This litigation between conflicting sections of a once harmonious, but now discordant body of Presbyterians, involves fundamental principles in church and State peculiar to our own jurisprudence, and essential to the purity of religion and to the civil liberty contemplated by the Constitutions of the Anglo-American Union and States.

As early as the year 1828, a Presbyterian Church, called the “Bethel Union,” was organized in Marion county, Kentucky. In the year 1857, the appellant, B. N. Penick, who was a member of that…

2Cited by12 opinions

  1. Thomas v. LewisCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Boyles v. RobertsSupreme Court of Missouri · 1909
  3. Landrith v. HudginsTennessee Supreme Court · 1908
  4. Fussell v. HailIllinois Supreme Court · 1908
  5. Perry v. WheelerCourt of Appeals of Kentucky · 1877

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