Legal Opinion

Smith v. Kelly

Supreme Court of Georgia

Decided July 10, 1951No. 17492PublishedCited by 7 opinions

1Opinion of the Court

Head, Justice.

1. Courts are reluctant to interfere with the management of a church. When church property is devoted to a specific doctrine, the courts may prevent it from being diverted from such use. Code, § 22-408. In the present case a diversion from a specific doctrine is not alleged, nor is it alleged that the church property is being used for purposes contrary to the provisions in the deed to the original trustees.

2. The constitution and laws of the church organization are not pleaded or made a part of the petition; nor are facts alleged sufficient to enable a court of equity to…

2Cases cited2 opinions

  1. Stewart v. JarrielSupreme Court of Georgia · 1950
  2. Knowles v. WhiteSupreme Court of Georgia · 1945

3Cited by7 opinions

  1. Crocker v. StevensCourt of Appeals of Georgia · 1993
  2. Crosby v. LeeCourt of Appeals of Georgia · 1953
  3. Garmon v. BoozerSupreme Court of Georgia · 1953
  4. Garmon v. BoozerSupreme Court of Georgia · 1954
  5. Camp v. DurhamSupreme Court of Georgia · 1964

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API