McDowell v. Wilson

Citations

• 252 Pa. 91
• 97 A. 100
• 1916 Pa. LEXIS 574

Syllabus

<p>Church law — Trustee—Bight to office — Ouster of trustee by session — Presbyterian rules — Jurisdiction of court — Quo warranto.</p> <p>1. The exclusive method of testing the right of a person to the office of trustee of an incorporated church is by quo warranto.</p> <p>2. In a church governed by the Presbyterian rules the trustees are in no way responsible to the session nor has the latter any jurisdiction over them, and where the session undertakes to dispossess a trustee of his office such action is null and void.</p> <p>3. A decree of a church judicatory is binding upon the civil courts only when it is affirmatively shown that it has acted within the scope of its authority and has observed its own organic forms and rules.</p> <p>4. In an action of trespass against the members of the session of a Presbyterian church to recover damages alleged to have resulted to plaintiff by reason of the defendants’ unlawful acts in ousting him from office as a trustee, and as a member of such church, the real question in controversy is plaintiff’s right to such office; quo warranto is the proper form of action, and a demurrer to the statement of claim in such case is properly sustained.</p>