State, ex rel. McNeill v. Bibb Street Church
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Heard before tbe Hon. T. M. Arrington. This was an application for a writ of mandamus directed to the Bibb Street Church, or the Montgomery Station of the Methodist Protestant Church, the church trustees and church stewards, commanding the rescission of a resolution refusing to receive the Rev. H. H. McNeill as their pastor, and the restoration of said McNeill to the position of pastor of said church and to the emoluments of the…
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Appeal from tbe City Court of Montgomery. Heard before tbe Hon. T. M. Arrington. This was an application for a writ of mandamus directed to the Bibb Street Church, or the Montgomery Station of the Methodist Protestant Church, the church trustees and church stewards, commanding the rescission of a resolution refusing to receive the Rev. H. H. McNeill as their pastor, and the restoration of said McNeill to the position of pastor of said church and to the emoluments of the pastorate, to which he had been appointed by the annual conference of the Methodist-Protestant Church in Alabama. The…
1Opinion of the CourtClopton, J.
Appellant applied to the City Court of Montgomery for a mandamus to compel the “Bibb Street Church” to rescind a resolution refusing to receive relator, as their minister or pastor, and to restore him to his office of such minister or pastor with all his rights and einoluments, and to compel the church and trustees to place him in charge of the church edifice and parsonage. The City Court dismissed the petition of relator, and from the judgment this appeal is taken.
The power of the civil courts to restore by manda,mus a party, who has been wrongfully removed Lorn an ecclesiastical or…
2Cases cited1 opinion
- Feizel v. Trustees of the First German Society of the M. E. ChurchSupreme Court of Kansas · 1872
3Cited by14 opinions
- Hundley v. CollinsSupreme Court of Alabama · 1901
- Grand International Brotherhood of Locomotive Engineers v. GreenSupreme Court of Alabama · 1923
- Barton v. FitzpatrickSupreme Court of Alabama · 1914
- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
- Christian Church v. SommerSupreme Court of Alabama · 1907
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