Legal Opinion

Smith v. Erb

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 5 opinions

Appeal from Baltimore county court. On the 9th October 1845, the appellants, as relators, filed their petition for a Mandamus against the appellees, alleging: that a congregation for religious worship, was incorporated, by the name of “ The Elders, Trustees and Members, of the German Evangelical Reformed Church in the City of Baltimore,” by act of the November session 1797, chap. 52; that by said act, persons are to be appointed elders and trustees of said congregation; four…

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Appeal from Baltimore county court. On the 9th October 1845, the appellants, as relators, filed their petition for a Mandamus against the appellees, alleging: that a congregation for religious worship, was incorporated, by the name of “ The Elders, Trustees and Members, of the German Evangelical Reformed Church in the City of Baltimore,” by act of the November session 1797, chap. 52; that by said act, persons are to be appointed elders and trustees of said congregation; four elders and four trustees to be elected at stated periods, and after nomination to be made by the elders and trustees in…

1Opinion of the Court

Magruder, J.,

delivered the opinión of this court’.

The appellants, in this case, are a number of individuals who claim to be members of “ The German Evangelical Reformed Church, in the city of Baltimoreincorporated by the act of 1797, chap. 52. They charge, that the persons now in the offices of trustees and elders, were intruded into them; and they ask that others, who are supposed by the appellants to be the trustees and elders, be restored to the temporalities of the church; and for this purpose, that a Mandamus be issued. The petition was filed 9th October 1845.

By the act of incorporation,…

2Cases cited1 opinion

  1. Trustees of Vernon Society v. HilesNew York Supreme Court · 1826

3Cited by5 opinions

  1. Mottu v. PrimroseCourt of Appeals of Maryland · 1865
  2. Buckler v. BowenCourt of Appeals of Maryland · 2001
  3. Knapp v. KnappCourt of Appeals of Maryland · 1925
  4. Heckart v. RobertsCourt of Appeals of Maryland · 1856
  5. Lowe v. LoweCourt of Appeals of Maryland · 1926

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