Miller v. Gable
New York Supreme Court
APPEAL from the court of chancery. The respondents, Henry Gable and five other persons claiming to be trustees of the religious corporation called "The Corporation of the German Reformed Church in the City of New-York," filed their bill in behalf of themselves and the other trustees and corporators, against the appellants, who, it was suggested, claimed to be trustees, and were in possession of the temporalities,. for a surrender of the estate, property and books of the…
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APPEAL from the court of chancery. The respondents, Henry Gable and five other persons claiming to be trustees of the religious corporation called "The Corporation of the German Reformed Church in the City of New-York," filed their bill in behalf of themselves and the other trustees and corporators, against the appellants, who, it was suggested, claimed to be trustees, and were in possession of the temporalities,. for a surrender of the estate, property and books of the church, and for an accoun~t of what the defendants had received, and also for a perpetual injunction against their further…
1Opinion of the Court
Hoffman, Assistant Vice Chancellor.
The elaborate and able arguments on behalf of the complainants, which have been made upon the hearing and rehearing of this case, may be arranged under the following positions. 1. That the union of the church in question with the Reformed Dutch Church was indissoluble ; that it involved permanent submission to the ecclesiastical jurisdiction of that church ; and that the property could only be used by those who submitted to that jurisdiction, as well. as held the same tenets. Of course, the success of this proposition would settle the case in favor of the…
2Cases cited7 opinions
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Gable v. MillerNew York Court of Chancery · 1844
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1839
- Presbyterian Congregation v. JohnstonSupreme Court of Pennsylvania · 1841
- Field v. FieldNew York Supreme Court · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Smith v. PedigoIndiana Supreme Court · 1893
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Robertson v. . BullionsNew York Court of Appeals · 1854
- Chase v. CheneyIllinois Supreme Court · 1871
38 more not listed; retrieve them via the Exa API.