Legal Opinion

Barton v. Fitzpatrick

Supreme Court of Alabama

Decided February 12, 1914PublishedCited by 26 opinions

Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Bill by W. F. Fitzpatrick and others against J. P. Barton and others to determine the right of possession and control of church property. Decree for complainants and respondents appeal. The court erred in refusing to dissolve the preliminary injunction.—Weeks v. Bynum, 158 Ala. 231; Johnson r.

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Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Bill by W. F. Fitzpatrick and others against J. P. Barton and others to determine the right of possession and control of church property. Decree for complainants and respondents appeal. The court erred in refusing to dissolve the preliminary injunction.—Weeks v. Bynum, 158 Ala. 231; Johnson r. Howe, 154 Ala. 494; 16 Cyc. 199. All complainants must be entitled to relief or none can be granted.—Davis v. Williams, 130 Ala. 530. In the Baptist church the office of deacon-ship is a spiritual function and carries with it no temporal…

1Opinion of the CourtSayre, J.

This litigation arose out of a dissension which consumed the vitals óf Peace Baptist Church (colored), an unincorporated organization holding to the faith and practice of the Missionary Baptist Church. Some of the members ardently desired to be quit of the ministrations of the pastor, Fitzpatrick, and sought to oust him from his pastorate; others desired-that he be retained. A majority of the board of deacons, some of whom had been placed upon the board by questionable means, adhered to Fitzpatrick, so that those members of the congregation opposed to him found it hard to get the question at…

2Cases cited5 opinions

  1. Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
  2. Stewart v. WhiteSupreme Court of Alabama · 1900
  3. Morris Street Baptist Church v. DartSupreme Court of South Carolina · 1903
  4. Morgan v. GabardSupreme Court of Alabama · 1912
  5. State, ex rel. McNeill v. Bibb Street ChurchSupreme Court of Alabama · 1887

3Cited by26 opinions

  1. Borgman v. BultemaMichigan Supreme Court · 1921
  2. Williams v. JonesSupreme Court of Alabama · 1952
  3. Yates v. El Bethel Primitive Baptist ChurchSupreme Court of Alabama · 2002
  4. In Re Galilee Baptist ChurchSupreme Court of Alabama · 1966
  5. Caples v. Nazareth Church of Hopewell Ass'n.Supreme Court of Alabama · 1944

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