ISBN: 9780217275644

Alabama. Supreme Court, Paperback, English-language edition, Pub by General Books LLC Books History~~General Reports-of-Cases-Argued-and-Determined-in-the-Supreme-Court-of-Alabama~~Alabam… Mehr…

Alabama. Supreme Court, Paperback, English-language edition, Pub by General Books LLC Books History~~General Reports-of-Cases-Argued-and-Determined-in-the-Supreme-Court-of-Alabama~~Alabama-Supreme-Court General Books LLC Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: [The State, ex rel. McNeitl v. Bibb Street Church.] prosecution of a common design to exclude the pastor from the pulpit, church and parsonage, and to prevent him from getting out of the church property the support and maintenance to which he was entitled. They represented the church, as a body, in their violent and undutiful conduct. Stewart v. The State, 26 Ala. 47. The relator was an "endowed minister.'' To his functions as minister and pastor emoluments were attached. This explanation or definition is given in the case of the People v. Steete, 3d Barb., on pnge 419. Being wrongfully dispossessed of his pulpit, he is entitled to the writ of mandamus to be restored to his functions and the temporal rights with which it is endowed. Runkel v. Wiiiemillcr, 4 Har. and McHen. 430, supra, and 2d Barbour, 419; Rex v. Barker, 3 Burr. 1265. Shavek and Hutcheson, and Thos. H. Wattk, contra. The demurrers filed in this cause, raise several questions, both as to the law of procedure and substantive law. Appellees contend that a peremptory writ of mandamus should not issue?1st. Because it does not appear that the local church at Montgomery, nor the Methodist Protestant church at large in this State, is an incorporated body, either public or private, under the laws of the State of Alabama, nor that it is a public officer, nor an inferior court, nor that relator seeks to enforce any public right?High Ex. Leg. Rem. 4$ 1, 21)7, 298; Moses on Man. 16, 18; 2 Perry on Trusts, 732; Tapping on Man. 12. 2d. Such writ, running in the name of the State of Alabama, will not issue at the instance of a corporation, nor of one claiming right and title thereunder as an agent or ap- ]K)intee thereof, if it be true that the Methodist Protestant church is incorporated under the laws of the State of Mary...<