Zion Church of the Evangelical Ass'n of North America v. Light

Citations

• 7 Pa. Super. 223
• 1898 Pa. Super. LEXIS 272

Syllabus

<p>Church law — Bight of defacto trustees to maintain trespass.</p> <p>Whei'e trustees of a church have been legally elected and as such hold their office, no others having been appointed to succeed them, they have authority, as the body legally constituted to represent the church, to institute and maintain an action of trespass for the negligent burning of the church building.</p> <p>The courts in such an action will not inquire into the ecclesiastical standing of the trustees nor as to their relation to the general conference of the religious denomination to which they belong or have belonged.</p> <p>Actions — Trespass—Pleading—Striking off special plea.</p> <p>The action being trespass, it is not error for the court to strike off a special plea in bar previously filed by permission; the proper plea being not guilty, the matter set forth in the special jjlea is admissible, if at all, under the general issue.</p>