The Twin City star. [volume] (Minneapolis, Minn.) 1910-19??, 1915-06-19
REV. MCDONALD LOSES SUIT
AGAINST PILGRIM BAPTIST
CHURCH.

REV. MCDONALD LOSES SUIT
s AGAINST PILGRIM BAPTIST
CHURCH.
Judge Kelly. on Motion of Lawyer w.
7. Francis, vacates the Verdict
OF the Jury and Orders Judg-
ment in Favor of Pilgrim
Baptist Church.
STATE OF MINNESOTA.
DISTRICT COURT.
Second Judicial District.
EPHRAIM H. MCDONALD.
VS..
PILGRIM BAPTIST CHURCH.
After hearing counsel for the respective
parties and after inspecting the files and
t the minutes OF the trial Judge made at
ORDERED, that the motion Of the de-
PENDANT for an order vacating the verdict
OF the jury and directing that Judgment
Notwithstanding the verdict be entered
In favor Of said defendant Pilgrim Bap-
list Church Is granted and said Judgment
WILLIAM LOUIS KELLY.
Dated at st. Paul,
June A. D. 1915.
~, MEMORANDUM.
Inc pialntfff was pastor of the defend-
ant congregation at a salary OF s100. 90
per month, until May Is, 1914. on whicI
date ne was dismissed by the congrega.
in full IBIS bu sas esm %as paid paid Ct that time
titled to three months notice Of his dis
missal he brings this action for three
m saen salary; He had a verdict for
ment. '~Ne
This action is predicated upon 'note.'
found in Hiscox Manual, to the effect
that in the Baptist Church the relation
OF pastor and congregation can be dis
t t6veo @ 0ny Sy mutual consent, or upon
testimony Identifying this book as ap-
plicable generally to all Baptist Churches
and that he had used it, the book was
admitted that the being asfe asr
church was entirely independent, the peo-
pie thereof making their own rules, and
that the Manual had never been used by
f SoeR sne i tSe promptly
was mislead by it, however.
The plaintiff then undertook to prove
an established custom Of the congrega-
sio a1isd IN use by 1t prior to his being in
notices OF ninety days. One respectable
member Of long standing gave testimony
tending to sustain this claim. However.
nesses denied that any such custom ever
prevailed. Besides this the congregational
records for over fifteen years tend to
snow that no such custom had been ever
existed or had ever been acted upon.
With these church Iscords and with the
almost unanimous testimony Of the Of
Iicers OF this congregation, against plain
III claims, verdict In his favor can
three months notice from the congreea.
ton to plaintiff to dispense with his
services, existed he had such notice
t When on January 18th. 1914, more than
May 18th, 1914, the church officers in
me name of the congregation and by
It's authority demanded his Resignation.
NO special form Of notice was necessary
three months notice from the people.
The jury perhaps felt that a man Of
oiaintlffs profession should have notice
81 s the congregations desire to change it's
nent of this character is Sometimes diff
1cult to readily obtain -
The facts in this case which lead IN
ola1ntiffs dismissal were not before the
ury, but I suspect PLAINTIFF being aware
>, t.. tne coming change made timely pro-
Tsion beforehand.
Ia In any any, event, ! am satisfied that taking
'ase, ne has no just and legal claim
lgalnst these people for three months'
aiary which he never earned and never
Intended to earn. For this reason. IL
zone other, that plaintiff received more
nan three months notice of the Intention
o dispense with his services before il
Icted. -
Tiled June 3rd, 1915, -
MATT JENSEN, Clerk,
BY G. p. RIFT, Deputy.
Rev. Mcdonald and his lawyers have
Ibandoned all efforts in the case and