McCall v. Capers

On Motion for Rehearing.

Appellee so earnestly insists that we are in error in our opinion that we have concluded to review the case more fully. In his motion appellee inadvertently states that the petition alleges “that the church was an incorporated association.” The petition and the facts in the case reaching this court show that the church was and is an unincorporated association, and our opinion is based upon the fact that the church was unincorporated.

Appellee’s suit is brought against certain -parties, naming them; “being trustees of the said Second Baptist Church, an unincorporated…