Novicky v. Krauczunas

Citations

• 245 Pa. 86
• 91 A. 657
• 1914 Pa. LEXIS 836

Syllabus

<p>Equity — Church law — Title to property — Roman Catholic bishop —Diversion of property dedicated to a religious use — Injunction.</p> <p>A Roman Catholic bishop, to whom the legal title of a church property had been conveyed, was required by bill in equity to re-convey the legal title to trustees appointed by the congregation. After the conveyance, the bishop by episcopal decree placed the church under an interdict, prohibited the holding of Catholic worship therein, and forbade Catholics to enter the church so long as the interdict remained unrevoked. Several members of the congregation, who had obeyed the interdict, after unsuccessfully attempting by bill in equity to restrain a priest appointed by members of the congregation who had disobeyed the interdict from holding services in the building, similar to those of the Catholic Church, thereafter obtained a revocation of the episcopal decrees, and prayed that the priest previously complained of be enjoined from longer conducting services in the church, and that the members of the congregation be enjoined from installing therein any pastor, or minister, other than a regularly ordained priest of the Catholic Church, and from diverting the church property to any form of public worship other than that prescribed by the Catholic Church. Defendants contended that their relation with the Catholic Church was severed by the interdict. Held, that the interdict was a disciplinary measure, and could not have the effect of diverting the property from the uses and purposes to which it had been dedicated; that while the interdict was in force, plaintiffs had no standing to complain, but with the interdict removed, the relief prayed for was properly granted.</p>