Legal Opinion · Dissent

Boyles v. Roberts

Supreme Court of Missouri

Decided October 22, 1909Published

Appeal from Cooper Circuit Court. — lion. Wm. H. Martin, Judge. (1) From the year 1810 the “Cumberland Presbyterian Church” has been an independent ecclesiastical body or society whose spiritual and temporal existence was presumed and intended to continue on and on throughout time, and its organizations and government were formed and established with that aim and to that end, as best its founders could devise.

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Appeal from Cooper Circuit Court. — lion. Wm. H. Martin, Judge. (1) From the year 1810 the “Cumberland Presbyterian Church” has been an independent ecclesiastical body or society whose spiritual and temporal existence was presumed and intended to continue on and on throughout time, and its organizations and government were formed and established with that aim and to that end, as best its founders could devise. (2) It began by the association of a few members into an organization or society, which formed what was denominated, a “church.” These and other members of like faith formed and…

1Dissent

DISSENTING OPINION.

WOODSON, J.

I was one of the dissenters from the opinion handed down in this case, but was prevented by the pressure of other official duties from then expressing my views of the case. Since then a motion for a rehearing has been filed, and I will now avail myself of this opportunity to submit the following observations in reference thereto.

I

The main legal proposition involved in this case regards the power of the Presbyterian Church, U. S. A. (which will hereafter be designated as the Presbyterian Church), and the Cumberland Presbyterian Church (which will hereafter be…

2Cases cited47 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Smith v. SwormstedtSupreme Court of the United States · 1854
  3. Bouldin v. AlexanderSupreme Court of the United States · 1872
  4. Bauer v. Samson LodgeIndiana Supreme Court · 1885
  5. Mack v. KimeSupreme Court of Georgia · 1907

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