Stryjewski v. Panfil

Citations

• 269 Pa. 568
• 112 A. 764
• 1921 Pa. LEXIS 613

Syllabus

<p>Church law — Unincorporated church — Constitution—Discharge of priest — Meeting—Voting at meeting — Disturbance at meeting— Appeal io> peace court and public court.</p> <p>1. Where the constitution of an unincorporated church provides that “all of the members of the parish can discharge on a special meeting their parish priest,” such action must be had by the congregation at large and not by an official board, or by any other body less than the membership.</p> <p>2. All the members need not attend the meeting, nor vote in the affirmative; but all must have an opportunity to participate.</p> <p>3. Where practically the entire membership came to a meeting, and more than one-half of the entire membership remained when a resolution to discharge the priest was acted upon, there was no question of quorum, and the result was determined by the votes cast, whether the same was more or less than a majority of the entire membership.</p> <p>4. A meeting properly constituted cannot be deprived of the right to transact the business for which it is called by the refusal of certain members present to participate therein or by their capricious withdrawal therefrom.</p> <p>5. A slight disturbance at a corporate meeting although it may alarm a few of the timid is not sufficient to set aside an election. To do so, it must clearly appear that there was such a display of force as ought to have intimidated men of- ordinary firmness.</p> <p>6. Where the constitution of a church provides that in case of Some misunderstanding between the members, there should be an appeal to the “peace” court, composed of six members, three for each side, with the parish priest, before resort to a public court, a dispute as to the validity of a meeting at which the priest was discharged, is not contemplated by the provision.</p>