Philomath College v. Wyatt
Oregon Supreme Court
Appeal from Benton: Martin L. Pipes, Judge. This is a suit brought by Philomath College to enjoin E. C. Wyatt and others from acting as trustees of the plaintiff, or exercising any control over its property or franchises, and is a controversy among the members of the church known as the “United Brethren in Christ.” It involves two alleged constitutions and two alleged confessions of faith.
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Appeal from Benton: Martin L. Pipes, Judge. This is a suit brought by Philomath College to enjoin E. C. Wyatt and others from acting as trustees of the plaintiff, or exercising any control over its property or franchises, and is a controversy among the members of the church known as the “United Brethren in Christ.” It involves two alleged constitutions and two alleged confessions of faith. The defendants claim that the original constitution of eighteen hundred and forty-one, and the original confession of faith of eighteen hundred and fifteen, have not been constitutionally changed, and are…
1Opinion of the Court
Opinion of
Mr. Justice Moore.
The plaintiff relies mainly upon three points to sustain the decree of the court below: First, that because the constitution of eighteen hundred and forty-one had never been submitted to or adopted by any vote of the membership of the church, it was not the unalterable law of the church; second, that the amendment of the constitution and the revision of the confession of faith were regularly made and legally adopted; third, that the revision of the confession of faith did not materially alter, change, *442or modify any principle or doctrine in which the church…
2Cases cited31 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Carroll County v. SmithSupreme Court of the United States · 1884
- Hyde v. WoodsSupreme Court of the United States · 1877
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Green v. WellerMississippi Supreme Court · 1856
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3Cited by10 opinions
- Leeds v. HarrisonSupreme Court of New Jersey · 1952
- Brundage v. DeardorfCourt of Appeals for the Sixth Circuit · 1899
- Landrith v. HudginsTennessee Supreme Court · 1908
- Horsman v. AllenCalifornia Supreme Court · 1900
- Trustees of Trinity Methodist Episcopal Church v. HarrisSupreme Court of Connecticut · 1900
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