Allen v. Roby
Mississippi Supreme Court
Appeal from the chancery court of Attala county. Hon. J. F. McCool, Chancellor. Suit hy Calvin Roby and another against T. H. Allen. Prom a decree granting a perpetual injunction, defendant appeals.
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Appeal from the chancery court of Attala county. Hon. J. F. McCool, Chancellor. Suit hy Calvin Roby and another against T. H. Allen. Prom a decree granting a perpetual injunction, defendant appeals. The facts are fully stated in the opinion of the Court- The proposition that a majority vote is or is not sufficient to elect a pastor presents a question not of civil but of ecclesiastical or church law, and should not have been decided hy the court below and there is no better authority for our contention than the case of Smith v. Charles, supra, and the rule is fully recognized in Mount Helm…
1Opinion of the CourtReed, J.
This is a suit in chancery by appellees, two of the trustees of the Kosciusko Colored Baptist Church, against appellant, pastor of that church, for injunction restraining appellant from entering the church and preaching to the members. A temporary injunction was granted, and upon final hearing on bill, answer, and evidence was made perpetual.
Appellees charged in their bill that appellant had preached unsound doctrine, fomented strife, and was immoral and unworthy to be pastor, and that he did not have legal contract with the church, as pastor, but held the position unlawfully and forcibly. We…
2Cases cited3 opinions
- Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
- Mount Helm Baptist Church v. JonesMississippi Supreme Court · 1901
- Windham v. UlmerMississippi Supreme Court · 1912
3Cited by10 opinions
- Roman Catholic Diocese of Jackson v. MorrisonMississippi Supreme Court · 2005
- Pilgrim Rest Missionary Baptist Church v. WallaceMississippi Supreme Court · 2003
- Grantham v. HumphriesMississippi Supreme Court · 1939
- Greater Fairview Missionary Baptist Church v. Danny Ray HollinsMississippi Supreme Court · 2015
- Blue v. JonesMississippi Supreme Court · 1970
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