New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-15
LAW INTELLIGENCE.
NOPE CUrrRCU OUARRFJS.
LPERIOR COURT-SPEcIAL TERM-MAY l4.-BefOTe
BosWoRTH

SUPERIOR COURT-SPEcrAL TERM-MAY H.-BefoTe Judge
BoswORTH.
WHICH is THE TRUE BOARD OF TRUSTEES.
VIM D. berrian sst The Methodist Society Of the City oil
This was motion to set aside judgment rendered
against the defendants for moneys alleged to have been
advanced by Cornelius BcrTian for these defendants,
amounting 90 about =, 800. The motion was made
upon the ground that Cornelius leTTiaD, alleged TO be
the President Of the corporation NOT al the time
Of the service Of the and complaint the Pres
dent Of the Board of Trustees and that therefore the
suit not properly commenced
The history of the society, which was fully discussed
upon the Argument is In brief as follows In 1871
certain members of the Methodist Episcopal Church,
becoming discontented with its too conservative views
on the subject OF Slavery, broke off their connection
with it and started new society," under the pastoral
charge of the Rev. WIN. 5. Stwel, who continued IN
active service until 1851, when he was succeeded by
the Rev. j. NJ. Smith. Mr.. Smith, with the view, 1t
is presumed of returning into the old fold, started
Conference.-The society had hitherto been conducted
on Congregational princples-by the action of which
certain obhOxou. members were expelled.
Finally, the society retaliated upon Mr.. Smith and
elected him and his adherents among whom We're the
present plaintiff his father and brOther-ln-law.
An action was subsequently brought against the So
ciey by some of the exiles in order to get possession
Of the church. which discontinued after pendency
Of three years.
81 alleged claim against the society and the plalotif
served his summons upon his father, as president OF
the board of trustees, and thus representing the So
ciety 4 Judgment was therefore taken by default,
which the party now in possession OF the church, &c.
moves 10 set aside on the ground that their trustees
are such both de- fact0 and de jUrcwhich Is therefore
the question at issue. The case argued week
ago by c. Schaier for the plaintiff and ID. Mcmahon
for the defendants.
BoswoRTH 1.-The defendant moves TO set aside
judgment rendered against by default the 18th day Vi
March 1851 for S2 80 damages aud costs. The action Vas
BY the service of the summons and compliant on
the 18th February last Cornelius Bean, VINO Is de
President Of the defendants Board OF Trustees and
The dndi At moves. not only to set Judgment bu
the and the complaint ON the ground among others
that Cornelius Bean not officer Of any KIND OF ne de-
PENDANT. -. :, III,
doubt that time in 1905 neither Cor
reus Bersn those alleged be- with him, trustees or
other officers the defendant have IN fact acted OF been pc
miiied act such
trustees when this action commenced lie and M asso
caes were far statutory formses concerned egu
larry elected officers OF the church and society have acted a.
such have had and have exclusive possession aud
control Of the church edhce and the FL th society
The persons for five years have met III the church
ede for worship have elected the officers OF the society and
appointed supported its preachers ms b. deemed for all
the Of TINS notion competent 10 appoint tue ttus
And the and officers appointed BY them IN
oity with the provisions of the statute and who have ID
continuing SUCH least
aud officers dc Cdeto them alone while such
Of things exists valid service Of process be made.
Ho~ much want Of conformity in their 20 the
discipline Of the society Affect the title Of the acting
tees their agents their officers cannot be investigated
this motion.
proceedings determine that question and obtain such ad
Indication and their and election of and
octTs lawful must BE- taken and prosecuted else
where.
This Court has no Jurisdiction Of such matters.
Al the proceedings must be vacated being irregular with
$40 costs Of this motion.
ID r. Mcmahon Tor defendant; C. Shafer for plaintiff
Before Judge SLossoN.
In the matter Of attachment OF property OF III. L.
renewal Of the uction further paPers
ADVISED