Wade v. Hancock & Agee

Citations

• 76 Va. 620
• 1882 Va. LEXIS 64

Syllabus

<p>1. Jurisdiction.—In support of jurisdiction in courts of general powers, presumption is liberal; but not where want of jurisdiction appears on face of proceedings.</p> <p>2. Idem.—Want of jurisdiction makes the judgment a nullity, and it may be so treated by any court in any proceeding, direct or collateral.</p> <p>3. Idem.—A judgment may be valid to the extent of the jurisdiction, and' invalid beyond.</p> <p>4. Idem—Statutory.—in summary proceedings under Code 1873, ch. 76,'§ 9, circuit’ courts have jurisdiction- to appoint, change, and remove church trustees; but not to determine how they shall administer their trust,</p> <p>o. Idem—Idem.—Appointment, change, and removal of trustees, under that section, must be “on application of the proper authorities of the congregation,” and not of any volunteer.</p> <p>6. Idem.—Remedy for such as are improperly excluded from their rights by the trustees is by bill in chancery filed for the purpose. See Brooke v. Shacklett, 13 Gratt. 301, and Hoskinson and als. v. Pusey and als., 32 Gratt. 428.</p> <p>7. Qu^jse.—Does act of February 18, 1867, (Acts 1866-’7, p. 649,) provide legitimate means of determining “the right, title, and control” of the property in this case so as to bind parties in interest against their will ?'</p>