Legal Opinion

Bethany Congregational Church v. Morse

Supreme Court of Iowa

Decided July 5, 1911PublishedCited by 10 opinions

Appeal from Linn District Court. — IIon. W. N. Treichler, Judge. These actions were brought separately in the court below, but were consolidated for the purpose of trial. The first was brought1 to restrain defendant Morse from acting as pastor of plaintiff, from using and occupying the property of the church, including the parsonage, and for other relief.

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Appeal from Linn District Court. — IIon. W. N. Treichler, Judge. These actions were brought separately in the court below, but were consolidated for the purpose of trial. The first was brought1 to restrain defendant Morse from acting as pastor of plaintiff, from using and occupying the property of the church, including the parsonage, and for other relief. And the second challenged the election of the defendants as trustees of the plaintiff church, and asked that they be restrained from interfering in any manner with the property of the church. Temporary restraining orders 1 were issued and…

1Opinion of the CourtDeemer, J.

This is a peculiar and unfortunate controversy primarily between two factions of plaintiff church in the city of Cedar Rapids. Several actions have been brought, new elections of trustees have been held, ■ and the main cause for disturbance removed through the resignation of defendant Morse as pastor. However, plaintiff insists that the proceedings of the- trial court were wholly irregular, and that, notwithstanding all friction had been removed, it is entitled to press its' appeal to this court that it may either have judgment for the amount of salary paid defendant Morse during the year…

2Cases cited5 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
  3. Duessels. v. Prochs.Supreme Court of Connecticut · 1905
  4. Sale v. First Regular Baptist ChurchSupreme Court of Iowa · 1883
  5. Hendryx v. People's United ChurchWashington Supreme Court · 1906

3Cited by10 opinions

  1. Nies v. AndersonSupreme Court of Iowa · 1917
  2. Geinger v. KreinSupreme Court of Kansas · 1918
  3. Third Missionary Baptist Church of Davenport v. GarrettSupreme Court of Iowa · 1968
  4. Fonken v. Community Church of KamrarSupreme Court of Iowa · 1983
  5. Brown v. Mt. Olive Baptist ChurchSupreme Court of Iowa · 1963

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