The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*213.* _Injunction, Closing Church, Paying Money, Disturbances._—A court
of equity will issue an injunction against the trustees of a church from
wrongfully closing it or keeping it closed even against a small
minority.(382) Church property vested in trustees of a religious body is
held under trust and a court of equity has jurisdiction to enforce the
trust.(383) A court of equity may restrain the trustees of a church from
paying money to a duly deposed minister.(384) But a court of equity will
not interfere to quell religious disturbances when no question as to
property or civil rights is involved. The board of trustees of a church
can not remove a priest against the will of the congregation.(385)
*214.* _Suits, Parties._—Where a number of persons have contributed to the
erection of a church, it is not necessary for all who contribute to join
in an action to restrain a sale of the property for mercantile
purposes.(386) Any member of a church not incorporated may come into a
court of equity in behalf of himself and others and enforce the execution
of a trust in favor of the church.(387) The same rule would apply to a
church where any one in authority is violating the law.(388) If several
congregations of a diocese are interested in litigation, to hold all the
property of the diocese liable for the debt of a parish, each congregation
is entitled to be made a party.(389)
*215.* _Complaint._—A complaint that the plaintiffs hold one doctrinal
standard and the defendants another is sufficiently definite without
explaining the difference between the two.(390)
*216.* _Church Tribunal, Courts._—Courts are reluctant to interfere in the
church doctrine or discipline or inquire into the regularity of the
proceedings of the church tribunal. When such tribunal has deposed a
pastor or expelled a member, it is final. However, in contracts, property
rights, and civil rights of a citizen, the courts take jurisdiction. It is
no defense to a pastor’s expulsion that there is salary due him.(391)
*217.* _Unincorporated Congregation, Actions, Interest._—An unincorporated
congregation may be sued on contract in its associate capacity, though no
persons are named as trustees or committeeman.(392) In all actions by or
against a congregation the civil courts will not permit suits to be
brought by complainants who have no interest either legal or equitable in
the temporalities of the church.(393) A suit against a society of Shakers
consisting of indefinite membership with changing additions, withdrawals,
and deaths, whose property is held in common without any individual
interest, may properly be brought in equity as the remedy at law would be
inadequate.(394)
*218.* _Blasphemy, Sabbath, Lord’s Prayer, Bible._—Christianity is a part
of the common law of the United States; it is on this ground that
blasphemy and violation of the Sabbath are made criminal offenses and that
the Lord’s Prayer and the Bible are used in the schools.(395)
CHAPTER XVIII. EVIDENCE
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