Wallace v. Trustees of the General Assembly of the United Presbyterian Church of North America
Supreme Court of Pennsylvania
Appeal, No. 165, Oct. T., 1899, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., June T., 1898, No. 581, dismissing bill in equity. Bill in equity for an injunction. The facts are fully stated in the opinion of the Supreme Court. Error assigned was decree dismissing bill. The trustees are the corporate body which has continued and perpetual existence. It draws its life from the annual election of three new members by the general assembly.
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Appeal, No. 165, Oct. T., 1899, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., June T., 1898, No. 581, dismissing bill in equity. Bill in equity for an injunction. The facts are fully stated in the opinion of the Supreme Court. Error assigned was decree dismissing bill. The trustees are the corporate body which has continued and perpetual existence. It draws its life from the annual election of three new members by the general assembly. It grows out of the general assembly, and sustains the same vital relation to it as the branch does to the tree, or as the member of the human body…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This is an appeal by plaintiff from a decree in the court below dismissing his bill because not served on proper parties defendants.
It appears that plaintiff is an ordained preacher of the United Presbyterian Church, and had charge of a congregation of about 250 members of that denomination at Jamestown, Mercer county, from 1871 to 1892; in the latter year charges were preferred against him before the presbytery of which he was a member, by eight members of the congregation, averring mainly that he was contumacious, and treated the church court of session with the…
2Cases cited1 opinion
- O'Hara v. StackSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Hatfield v. DeLongIndiana Supreme Court · 1901
- Cage v. CanslerSupreme Court of Oklahoma · 1926
- Wallace v. Trustees of General Assembly of United Presbyterian ChurchSupreme Court of Pennsylvania · 1902