Legal Opinion

Simmons v. . Allison

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 14 opinions

PetitioN by defendants to rehear case between same parties, decided at February Term, 1895, of the Supreme •Court, by a Per Guriam judgment, without written opinion, affirming the judgment rendered for the plaintiff by Graham, J., at March Term, 1895, of MeoKlenbukg 'Superior Court. The essential facts are stated in the opinion of Associate Justice Clare.

1Opinion of the Court

The essential facts are stated in the opinion of Associate JusticeClark. This is a petition to rehear a former decision of this Court in this case, which is a controversy between the trustees of a church, the plaintiffs complaining that they constitute the majority of the lawful trustees, the minority of the lawful trustees having illegally associated the other defendants with them. The defendants contend that they are the lawful trustees. Each board claims that its pastor should officiate.

Some confusion of ideas has been brought about on the (765) argument by an effort to treat this as an…

2Cases cited14 opinions

  1. McDonald v. . CarsonSupreme Court of North Carolina · 1886
  2. Cumming v. . BarberSupreme Court of North Carolina · 1888
  3. Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
  4. Jones v. . MialSupreme Court of North Carolina · 1880
  5. Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
  2. Keith v. . ScalesSupreme Court of North Carolina · 1899
  3. Sams v. . PriceSupreme Court of North Carolina · 1896
  4. Venus Lodge No. 62 v. Acme Benevolent Ass'nSupreme Court of North Carolina · 1950
  5. Braswell v. PurserSupreme Court of North Carolina · 1972

9 more not listed; retrieve them via the Exa API.

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