Linderholm v. Kansas Conference of the Swedish Evangelical Lutheran Augustana Synod of North America

Citations

• 97 Kan. 212
• 155 P. 24
• 1916 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Church Member — Eos communication — Appeal to Church Conference — - Decision of Conference Final — Not Entitled to New Trial. The plaintiff was excommunicated by the church council of Bethany Lutheran church at Lindsborg, an unincorporated religious society of which he was a member. The by-laws of the church provided for an appeal to the conference, a voluntary association of Lutheran ‘churches. The by-laws also contained the following provision: “The decision of the conference in the matter shall in all events be final.” The plaintiff appealed to the conference, which ratified the action of the council.</p> <p>The plaintiff filed a motion for a new trial. The conference decided that the document could lead to no further consideration of the cause. The plaintiff sued the conference for damages for not hearing the motion for a new trial. A demurrer was sustained to his evidence. Held, the demurrer was properly sustained, because the plaintiff failed to show any church rule, custom or usage requiring the conference to consider a motion for a new trial; the conference was not bound by the common-law rulés of civil procedure, and the by-law quoted forbids further action by the conference after it has decided an appeal.</p>