Spiritual & Philosophical Temple v. Vincent
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Circuit Judge. Equitable action to restrain defendants from interfering with the possession and enjoyment by plaintiff of property formerly possessed by a voluntary organization, sometimes known as “Tbe Spiritual and Pbilosopbical Congregation” and sometimes as tbe “Spiritual and Pbilosopbical Temple,” involving tbe question of wbetber tbe right to sucb property is in tbe plaintiff.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. HastiNGS, Circuit Judge. Equitable action to restrain defendants from interfering with the possession and enjoyment by plaintiff of property formerly possessed by a voluntary organization, sometimes known as “Tbe Spiritual and Pbilosopbical Congregation” and sometimes as tbe “Spiritual and Pbilosopbical Temple,” involving tbe question of wbetber tbe right to sucb property is in tbe plaintiff. Tbe issues raised by tbe pleaded and plead-able facts material to tbe rights of tbe parties as determined by tbe court upon a trial…
1Opinion of the CourtMaRShaul, J.
It may be conceded that were it not for the fact that, when the voluntary organization'was created, the law existed substantially as now, enabling such a society to be converted into a corporate entity, and as a necessary result the ownership and right of possession of what was formerly vested in such society changed to the new creation and memberships in the latter substituted for those in the former, it would not have been competent for the minority, or even a majority, of the members of such organization, with or without a law enacted subsequently to the formation of the society and…
2Cases cited4 opinions
- Ayers v. . DixonNew York Court of Appeals · 1879
- West Koshkonong Congregation v. OttesenWisconsin Supreme Court · 1891
- Schiller Commandery No. 1 v. JaennichenMichigan Supreme Court · 1898
- Holm v. HolmWisconsin Supreme Court · 1892
3Cited by7 opinions
- Huber v. MartinWisconsin Supreme Court · 1906
- Security-First National Bank v. CooperCalifornia Court of Appeal · 1944
- Brownfield v. SimonNew York Supreme Court · 1916
- Great Council of the Improved Order of Red Men v. Mohican Tribe, No. 64New Jersey Court of Chancery · 1921
- Klix v. Polish Roman Catholic St. Stanislaus ParishMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.