Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-05-11
SUSTAINED THE BILL.
Judge Stowe DiSmiSSeS the Demurrer
of the East Liberty
SECEDERS FROM THE r. P. CHURCH.
He Decides That an Equity Suit Is the
Proper Remedy.
THE NEWS OF THE COUNTY COURTS

Judge Stowe yesterday handed down an
Interesting opinion dismissing the demurrer
in the case of the East End Reformed
Presbyterian Congregation against the Rev.
o. B. Milligan aud others, the seceders to
the United Presbyterian Church. The suit
is a contest for the church property, and the
demurrer was argued few days ago. The
opinion is as follows:
The first reason assigned for demurrer is
that the plaintiffs bill does not state such
case as entities them to the relief sought
and prayed for against said defendants. The
second and third are substantially to the
same effect, and all raise the question of the
equitable jurisdiction OF the court. This
question is disposed of by the decision of the
Supreme Court in Henry VS. Disthurt, where
it is said by Justice Woodward: "The Courts
of Common Pleas by statutory enactment
have the jurisdiction and powers of a Court
of Chancery in the supervision and control
OF ali corporations other than those OF a
municipal character" Damages which
might be recovered in such cases as this in
an action of trespass would afford not only
no adequate remedy, but no remedy at all.
\ resort to the criminal process would pro-
duce scandalous and unseemly conflicts.
The Protection of Religious Societies.
Religious societies are entitled to more
appropriate legal protection of their secular
and spiritual interests than would consist in
the power to appeal to a Criminal Court. By
reason of numbers and of the character of
the rights of the parties, damages are un-
suitable as a means OF redress and the case
admits of no adequate relief at law: equity
alone can apply the required remedy while
the malcontent can be restrained only by
the powers of a chancellor.
In Kerr VS. Trega it was said that a bill
in equity is the remedy usually adopted
when churches divide into parties. In
Roche's appeal Justice Sharswood said:
Equity is the very remedy usually adopted
and we applied it in three such cases in the
last year. Therein we decided directly on
the rights of property because that became
the aim. Indeed a religious society, ircor-
porated or runincorporated, is but the trustee
OF a charity and it has always been peculiar
ly within the provisions of equity to pre-
vent the diversion of property, held in trust
for such purposes, from the object and de-
sign of the original endowment"
An action at law could not settle the diff
terence between the parties to this suit and
1t follows that resort to equity is neces-
sary, no less for the public interest, than for
the welfare and propr1ety OF the congrega-
tlonS represented by the parties to this suit.
The Corporate Seal Not Necessary.
The fourth, fifth, sixth, seventh, eighth
ninth and twelfth reasons are in SUBJ
stance that the parties using the name of
the East End Reformed Presbyterian Con-
gregation acted without authority: that they :
are mere volunteers, and the bill is defective
in not being under the seal of the corpora ,
tion. But We do not think these objections, |
or any of them, are well founded. The bill |
is signed by parties who allege that they are, |
one the President, the other the Secretary I
and the third a trustee of the plaintiff con- |
gregation. This cannot be gainsaid on a |
demurrer. If it were necessary to have the !
bill verified by the seal OF the corporation,
no suit could be brought because the bill /
shows that the defendants have themselves
the seal which they refuse to deliver to the
plaintiffs, and if under such circumstances
q corporate could not sue. there would be
no protection against violent and illegal in
trusion and usurpation of corporate rights
whenever the usurpers obtained possession
OF the corporate seal. Equity will not recog-
niZe such doctrine.
The tenth and eleventh reasons are mat |
ters not to be considered by way of de-
murrer as there is nothing in the bill which
alleges that the corporation by any authority
contained in plaintiffs charter vested in de-
PENDANTS the control and management of the |
corporation or its property. 1t, in fact,
alleges just the contrary.
The thirteenth reason that the PRAYER for
relief is broader than the complaint in the |
bill and not relevant or suitable does not |
seem well founded. The relief prayed for
seems proper and the bill is sustained
This decision allows the case to 90 to a
final argument