Tunstall v. Wormley

Citations

• 54 Tex. 476
• 1881 Tex. LEXIS 49

Syllabus

<p>1. Statutes construed.— The act of 1845, concerning churches (Pasch. Dig., art. 483), was repealed by the general law concerning corporations, passed in 1874 (p. 139).</p> <p>2. Repeal oe statute.—Though the repeal of a statute by implication is not favored, a subsequent statute, revising the subject matter of a former one, and evidently intended as a substitute for it, must operate as a repeal of the former.</p> <p>3. Parties — Corporations.—A church association, which, after the passage of the act concerning corporations of 1874, failed to organize under the provisions of that act, and file its charter with the secretary of state, was incapable of suing as a corporation, or of holding real estate.</p> <p>4. Parties.— A suit may be maintained by one or 'more of the beneficiaries of a charity for the benefit of all, against a trustee, when the parties are numerous, when the trustee attempts to pervert the trust fund to improper uses, or to deprive the beneficiaries of its enjoyment.</p>