Legal Opinion

Fussell v. Hail

Appellate Court of Illinois

Decided June 1, 1907PublishedCited by 8 opinions

Bill for injunction. Appeal from the Circuit Court of Macon county; the Hon. William C. Johns, Judge, presiding. Heard in this court at the November term, 1906. Statement by tlie Court.

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Bill for injunction. Appeal from the Circuit Court of Macon county; the Hon. William C. Johns, Judge, presiding. Heard in this court at the November term, 1906. Statement by tlie Court. Joe H. Fussell, T. A. Havron, John W. Parker and others filed their hill for injunction in the Circuit Court of Macon county to restrain J. B. Hail and others, as commissioners to the general assembly of the Cumberland Presbyterian Church, from taking steps toward perfecting a union of the Cumberland Presbyterian Church with the Presbyterian Church of the United States of America. A demurrer was interposed to…

1Opinion of the Court

Mr. Presiding Justice Ramsay

delivered the opinion of the court.

Whether or not the confession of faith of the Cumberland Presbyterian Church and the confession of faith of the Presbyterian Church of the United States of America as modified by its declaratory statement of 1903, are identical, or in substance the same, is a question solely for the ecclesiastical courts to determine. This court should not attempt to place any construction upon the meaning of the two confessions of faith, or either of them, or compare one with the other. The civil courts of America assume no right or power to…

2Cases cited4 opinions

  1. Chase v. CheneyIllinois Supreme Court · 1871
  2. Downen v. RayburnIllinois Supreme Court · 1905
  3. Lamb v. CainIndiana Supreme Court · 1891
  4. Ously v. HardinIllinois Supreme Court · 1860

3Cited by8 opinions

  1. Brown v. ClarkTexas Supreme Court · 1909
  2. Ramsey v. HicksIndiana Supreme Court · 1910
  3. Boyles v. RobertsSupreme Court of Missouri · 1909
  4. First Presbyterian Church v. First Cumberland Presbyterian ChurchIllinois Supreme Court · 1910
  5. Duvall v. Synod of Kansas of Presbyterian Church in United StatesCourt of Appeals for the Eighth Circuit · 1915

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