Stansberry v. McCarty

4 Citing cases

  1. New York Annual Conference v. Fisher

    182 Conn. 272 (Conn. 1980)   Cited 68 times
    Holding that “[i]t is now well established that state judicial intervention is justified when it can be accomplished by resort to neutral principles of law ... that eschew consideration of doctrinal matters such as the ritual and liturgy of worship or the tenets of faith.”

    inion over, property expressly entrusted to the Methodist Church. Courts in this and other jurisdictions have consistently held that, although the members of a local church may secede from a hierarchical system, they cannot secede and take the church property with them. Independent Methodist Episcopal Church v. Davis, 137 Conn. 1, 13, 74 A.2d 203 (1950); McAuliffe v. Russian Greek Catholic Church, 130 Conn. 521, 536, 36 A.2d 53, cert. denied, 323 U.S. 726, 65 S.Ct. 60, 89 L.Ed. 583 (1944); see, e.g., Holiman v. Dovers, 236 Ark. 211, 366 S.W.2d 197, 200, (1963); Baker v. Ducker, 79 Cal. 365, 374, 21 P. 764 (1889); Trustees of Pencader Presbyterian Church v. Gibson, 26 Del. Ch. 375, 383, 22 A.2d 782 (1941); St. John's Presbytery v. Central Presbyterian Church of St. Petersburg, 102 So.2d 714, 718 (Fla. 1958); Apostolic Holiness Union of Post Falls v. Knudson, 21 Idaho 589, 594, 123 P. 473 (1912); Stallings v. Finney, 287 Ill. 145, 149, 122 N.E. 369 (1919) (congregational church polity); Stansberry v. McCarty, 238 Ind. 338, 149 N.E.2d 683 (1958) (congregational church polity); Black v. Tackett, 237 S.W.2d 855, 855-56 (Ky. 1951); Hanna v. Malick, 223 Mich. 100, 119, 193 N.W. 798 (1923); Mt. Helm Baptist Church v. Jones, 79 Miss. 488, 502, 30 So. 714 (1901); Erie Conference Central Office v. Burdick, 440 Pa. 136, 139-40, 269 A.2d 735 (1970); Bogert, Trusts and Trustees 398 (2d Ed. 1965). As did the trial court, we find it useful to test our conclusion by examining the events that occurred between 1921 and 1978, when the present controversy erupted.

  2. Baber v. Caldwell

    207 Va. 694 (Va. 1967)   Cited 4 times
    Applying Code § 57-9 to administer a congregational church's property dispute where there was no proceeding before a church adjudicator and the reason for the divide was not a "change of views on religious subjects" (quoting Cheshire, 144 Va. at 260)

    Cheshire v. Giles, supra. A majority of the congregation always had the right to withdraw the Level Green Christian Church from the Society and the Convention. Furthermore, the uncontradicted evidence shows that there has been no change in the religious doctrine and faith of the Level Green Christian Church. Stansberry v. McCarty, 238 Ind. 338, 349, 149 N.E.2d 683, 688 (1958); Wright v. Smith, 4 Ill. App.2d 470, 476, 124 N.E.2d 363, 366 (1955); Ragsdall v. Church of Christ, 244 Iowa 474, 482, 55 N.W.2d 539, 543 (1952).

  3. Orchard Ridge Country Club, Inc. v. Schrey

    470 N.E.2d 780 (Ind. Ct. App. 1984)   Cited 13 times
    In Orchard Ridge Country Club, Inc. v. Schrey, 470 N.E.2d 780 (Ind. Ct. App. 1984), members of a private club who were over 65 brought an action contending that the board of directors' elimination of their senior citizen reduced dues was in derogation of their vested rights.

    The courts of Indiana will not interfere with the internal affairs of a private organization unless a personal liberty or property right is jeopardized. Stansberry, etc. et al. v. McCarty et al., (1958) 238 Ind. 338, 149 N.E.2d 683; State ex rel. Givens, etc. v. Marion S.Ct. Rm. 1, (1954) 233 Ind. 235, 117 N.E.2d 553. The Board of Directors of a corporation may adopt bylaws to govern matters of internal discipline, policy and management, and these bylaws constitute a contract between the corporation and its members. Brendonwood Common v. Franklin, (1980) Ind. App., 403 N.E.2d 1136.

  4. Marich v. Kragulac

    415 N.E.2d 91 (Ind. Ct. App. 1981)   Cited 12 times
    Involving “ecclesiastical thicket” of whether a party had “performed schismatic acts amounting to a withdrawal from the Mother Church”

    Likewise, Indiana recognizes that in local schism cases the principle of presumptive majority rule applies as to the right to control the actions of the titleholder; that is, as to the right to possess, enjoy and control the use of church premises. Stansberry, etc. et al. v. McCarty et al. (1958), 238 Ind. 338, 149 N.E.2d 683. Of course, this presumption may be rebutted if an application of neutral principles of law involving an examination of such sources as state statutes, corporate charters, relevant deeds, local by-laws and the organizational constitutions of the denomination discloses that the identity of the local church is to be otherwise determined. In the case at hand both parties claim to represent the majority of the St. George congregation.