Baxter v. McDonnell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. McDonnell, from an interlocutory judgment of the Supreme Court in favor of-the plaintiff, entered in the office of the clerk of the county of Kings on the 2étli day of December, 1896, upon the decision -of the court, rendered after a trial at the Kings Special Term, sustaining the plaintiff’s demurrer to the third separate and affirmative defense set, up in the defendant’s answer. . ■ . The'action was brought to recover an alleged balance…
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Appeal by the defendant, Charles E. McDonnell, from an interlocutory judgment of the Supreme Court in favor of-the plaintiff, entered in the office of the clerk of the county of Kings on the 2étli day of December, 1896, upon the decision -of the court, rendered after a trial at the Kings Special Term, sustaining the plaintiff’s demurrer to the third separate and affirmative defense set, up in the defendant’s answer. . ■ . The'action was brought to recover an alleged balance due to the plaintiff as his salary for his services as priest of the Roman -Catholic church. He alleges that he, as…
1Opinion of the Court
Bradley, J.:
The Metropolitan Court of the archdiocese of New York, mentioned in the defendant’s answer, it may be assumed was a tribunal duly organized within and for the ecclesiastical government of the Roman Catholic church. As such the court was vested with judicial functions to determine questions of faith, discipline, rules and custom pertaining to church government. And w;hen the right of property is dependent upon the question of doctrine, discipline or church government, the civil court, where the question may arise, will treat the determination made upon such question by the highest…
2Cases cited13 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Chase v. CheneyIllinois Supreme Court · 1871
- Miller v. GableNew York Supreme Court · 1845
- Gilbert v. . YorkNew York Court of Appeals · 1888
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3Cited by5 opinions
- Gimbel v. WaldmanNew York Supreme Court · 1943
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- Baxter v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Removal of KochAppellate Division of the Supreme Court of the State of New York · 1931