Bungar v. St. Michael's Greek Catholic Church

Citations

• 272 Pa. 402
• 116 A. 389
• 1922 Pa. LEXIS 838

Syllabus

<p>Judgment — Opening judgment — Lis pendens — Words and phrases — Church trustees — Judgment for repairs — Equity.</p> <p>1. Lis pendens is the control which a court has over the property involved in a suit during the continuance of the proceedings, and until its final judgment has been rendered therein.</p> <p>2. The validity of a judgment note given by the trustee of a church to pay a debt contracted for necessary repairs to the church building, does not depend, under the doctrine of lis pendens, upon the outcome of an equity suit, where such suit had nothing to do with the church property, but was brought to restrain the trustees from employing any but a priest of a particular denomination, and to prevent the priest in office from holding religious services.</p> <p>3. A judgment entered on such note will not be opened, although it was given to the president of the board of trustees for money advanced by Mm for repairs, where it appears that in the equity suit a petition was filed which called in question the authority of the trustees to make the repairs, and that the court found against the petitioners, and from such findings no appeal was taken.</p>