Cape v. Plymouth Congregational Church
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Iowa county: E. Ray SteveNs, Judge. This is tbe same action in wliicb tbe complaint was sustained upon demurrer in 117 Wis. 150, 93 N. W. 449. It bas since been tried and findings filed presenting, as is claimed, widely variant facts from those stated in tbe complaint. Tbe original deed, in trust, under wbicb both parties claim, is tbe same set forth in tbe former case.
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Appeal from a judgment of tbe circuit court for Iowa county: E. Ray SteveNs, Judge. This is tbe same action in wliicb tbe complaint was sustained upon demurrer in 117 Wis. 150, 93 N. W. 449. It bas since been tried and findings filed presenting, as is claimed, widely variant facts from those stated in tbe complaint. Tbe original deed, in trust, under wbicb both parties claim, is tbe same set forth in tbe former case. Tbe findings declare, however, that, instead of a secession of a majority of tbe members of the old Dodgeville Methodist Society, there occurred an incorporation of that society…
1Opinion of the CourtDodge, J.
Of course the former decision has become the law of this case, and must control any situation not materially variant from that set forth by the complaint and then considered. Euting v. C. & N. W. R. Co. 120 Wis. 651, 98 N. W. 944. The variation most strenuously urged is that, instead of secession by certain members from the society, the society itself made whatever change occurred by incorporating, changing its name, withdrawing from affiliation with and subordination to the Western Conference of the Primitive Methodist Church, and allying itself with the Congregational denomination, all by…
2Cases cited11 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Mt. Zion Baptist Church v. WhitmoreSupreme Court of Iowa · 1891
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Franke v. MannWisconsin Supreme Court · 1900
- Nelson v. JacobsWisconsin Supreme Court · 1898
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3Cited by14 opinions
- Wisconsin Conference Board of Trustees of the United Methodist Church, Inc. v. CulverWisconsin Supreme Court · 2001
- Langer v. Stegerwald Lumber Co.Wisconsin Supreme Court · 1952
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- Marien v. Evangelical Creed CongregationWisconsin Supreme Court · 1907
- Baptist City Mission Society v. People's Tabernacle Congregational ChurchSupreme Court of Colorado · 1918
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