Wilkins v. Wardens & Vestry of St. Mark's Protestant Episcopal Church
Supreme Court of Georgia
Contracts. Corporations. Pleadings. Joint promissors. Before Judge McCutchen. Whitfield Superior Court. April Term, 1874. Suit was brought against the defendant in a justice court. The case was carried by appeal to the superior court. The jury found for the plaintiff. The defendant moved for a new trial, among other grounds, because the court erred in charging the jury as follows: “It is immaterial whether St. Mark’s Episcopal Church is a corporation or not.
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Contracts. Corporations. Pleadings. Joint promissors. Before Judge McCutchen. Whitfield Superior Court. April Term, 1874. Suit was brought against the defendant in a justice court. The case was carried by appeal to the superior court. The jury found for the plaintiff. The defendant moved for a new trial, among other grounds, because the court erred in charging the jury as follows: “It is immaterial whether St. Mark’s Episcopal Church is a corporation or not. If it is a society of persons who have associated themselves together for a purpose, and constituted certain agents, called by the name…
1Opinion of the Court
McCay, Judge.
It is not pretended, that the members of this society, at the date of the commencement of the suit, are the persons, all of them, who were members at the time of the contract. The whole scope of the proof and the form of the suit is against the society as such — the society changing in parís as its members changed, by death, removal and accession. In other words, the suit is upon the idea that the society is an entity— that as it has succession, by change in membership, that it remains the same, however its members change. The suit does not even go against the parties as joint…
2Cited by10 opinions
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