The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-08-15
COURT OF APPEALS.
JEAN vExApLE and olaers. Appellants,

DEAN NESABLE ana others, AppellAhts'
d. CoFFMAS and Others, AppeIlees.
The record in this case shows that the
NJ. f. Church, plaintiff, by their
attorney, gave notice to Dean Ven
able and others, defendants, repre-
sentins the NJ. E. Church South,
that on the 1lth day of Septem-
Der, 1866, they would apply to the Cir
cult Court of GreenbrIer county to have
them removed as trustees of the prop
erty of the NJ. E. Church in Lewisburg,
and to have appointed in their stead
such persons as may be designated or
selected by the Quarterly Conference OF
said Church, to be held within the dis
trict. At the Conference held in Lewis
burg, on the 10th OF September, reso-
luton was adopted requesting the
Judge OF the Circuit Court to remove
Dean Venable and others, as trustees,
aud TO appoint D. Coffman and others,
trustees, in the places thus vacated.
The case was called up by the attorney
for the NJ. E. Church on the 1lth of Sep
tember, aud on motion OF tho attorney
for the Church South, was continued
Until Ile 1oLu. On LndL haJ AAO oOAoAN-
ants, Evenable and others,) moved by
their counsel to quash the notice and
dismiss the application, which was over
ruled by the Court, and exception taken
thereto. Defendants then moved the
Court that some responsible person
should be entered as security for the
costs, which was sustained, and j. F.
Caldwell and d. Cofmsn, Jr., appeared
as such sureties. The motion was then
taken up. the evidence heard, and the
case elsborately argued on both sides
by attorneys and ministers, after which
the Court delivered its opinion, adjudg-
ing and ordering that Dean Vena-
BILE and others be- removed, as trustees,
aud that d. Cohmnn, Sr., and others,
be appointed in their stead. From this
Judgment of the court the parties re-
moved, appealed, alleging in their petit
Lion, LIST, that the court had no power
to transfer property from one church
to another; I'd, that in any proceeding
affecting the right of property there
must be parties before the court capa-
ole of suing and being sued; Sd, that
two of the parties removed were credt-
tors of the church, and the discipline
of the NJ. E. Church provides that no
trustee who is a creditor of the church,
shall be removed until he is paid 4th,
that the Quarterly Conference had no
authority to make an order OF removal
ON account OF irregularity in its consti-
tution; 5th, that the said Conference was
not convened where the usages of the
church require, viz: where thequarter-
Iy meeting is held; 9Th, that the opln-
ion OF the court was erroneous upon
the testimony nth, that the notice WAS
defective in that it was made TO the
Judge, when il should have been made
10 the Court. -gs-
Upon this petition, His Honor. Judge
Brown, granted an appeal in Novem-
ter last, aud the case was fully argued
at the recent term of the Court of Ap-
peaIs by D. Lamb, Esq, for appellants,
aud Gov. stanton, for the appellees.
The following is the opinion of the
court delivered by Hon. ]. II. Brown:
opinion.
This court adopts much of the well
considered opinion OF the Circuit Court.
nv GOuEl "a OpAA1AO4
9Th section OF the Code OF 1850, p. 4l2,
upon which this motion is founded,
reasonable notice of the application Is
all that IL required, the defendants be-
low having appeared by counsel on the
llth OF September, when the motion
was tirst called and the notice proved,
and having asked and obtained a con-
tinuance OF the case until the 18Th, with
out offering any objection to the notice,
ought therefore 10 be considered as
waving ali objection to the notice, even
II otherwise insufficient. The trial of
the motion on the day selected by the
defendants, the number Of counsel, both
legal and clerical, who were permitted
10 appear in their defence, and above all,
the admission OF all the evidence,
whether oral or documentary, which
can be supposed to have any bearing
upon the case, preclude all idea that
any preJudicA could have resulted 70 the
defendants. either from the character OF
the -nOtice,or from . trial thereof Al that
term,