9 N.W. 491 (Mich. 1881), Rose v. Vertin

Citation:9 N.W. 491, 46 Mich. 457
Opinion Judge:[46 Mich. 458] GRAVES, J.
Party Name:ROSE v. VERTIN and another.
Attorney:F.O. Clark, for plaintiff in error. W.P. Healy, for defendant in error.
Case Date:June 29, 1881
Court:Supreme Court of Michigan

Page 491

9 N.W. 491 (Mich. 1881)

46 Mich. 457

ROSE

v.

VERTIN and another.

Supreme Court of Michigan

June 29, 1881

The bishop of a diocese is not, from his position as bishop, personally liable for the salary of a priest in charge of a church in such diocese.

Error to Marquette.

F.O. Clark, for plaintiff in error.

W.P. Healy, for defendant in error.

[46 Mich. 458] GRAVES, J.

The plaintiff sued in character of assignee and owner of a claim of Joseph F. Bernbe for $300 on account of services by said Bernbe as a priest in the now diocese of defendant. A verdict in defendant's favor was ordered by the court. Bernbe was placed in duty as an officiating priest by defendant's predecessor Bishop Mrack and the entire claim in suit arose during that bishop's time and before the defendant came in. The main facts in the case are undisputed and the only question is concerning their effect, and in my opinion they show distinctly that the relation between Bishop Mrack and the priest was never that of hirer and hired in any sense implying an obligation on the bishop to pay the priest. The bishop was the priest's superior and according to the established order of things in the economy of the church government, regulating the degrees of subordination and the methods of administration, it was the province of the bishop to designate the place for the priest to exercise his functions, and prescribe under certain limitations the rules and precepts for his guidance and control. But both were common servants of the church and the service of the priest was not a service for the bishop, nor was the bishop in respect to the employment a principal. In the course of administration the bishop assigned the priest to a theater of duty and gave him certain rules and instructions, and it was manifestly understood on both sides that the bishop was not to be responsible in law for the salary. On the contrary the conclusion from the facts is unavoidable that the...

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4 practice notes
  • 101 Pa. 363 (Pa. 1882), Tuigg v. Sheehan
    • United States
    • Pennsylvania Supreme Court of Pennsylvania
    • 20 Noviembre 1882
    ...and clergy imply no promise of support upon which a contract can be based, which will sustain an action of assumpsit: Ross v. Vertin, 46 Mich. 457. If Father Sheehan should violate his vows of perpetual service to the diocese, or of celibacy, or his promise to refrain from secular pursuits,......
  • 9 N.W. 490 (Mich. 1881), Rider v. Kern
    • United States
    • Michigan Supreme Court of Michigan
    • 29 Junio 1881
    ...on the judgment against him as such garnishee. There was evidence tending to maintain each of these conflicting claims and the case [46 Mich. 457] presented a controversy of fact which it was not competent for the court to either decide or ignore. The plaintiff was entitled to Page 491 have......
  • 118 Misc. 639, Fairchild v. Tillotson
    • United States
    • Invalid date
    ...The courts of this country do not differ nor rule contrariwise in other jurisdictions. Stack v. O'Hara, 98 Penn. St. 213; Rose v. Vertin, 46 Mich. 457; Chase v. Cheney, 58 Ill. 509. It would, therefore, be incumbent upon plaintiff to allege in his complaint facts from which it could be reas......
  • 155 N.Y. 83, Baxter v. McDonnell
    • United States
    • New York New York Court of Appeals
    • 1 Marzo 1898
    ...89 Chase v. Cheeney, 58 Ill. 27; McGuire v. Trustees S. P. Cathedral, 54 Hun, 207; Tuigg v. Sheehan, 101 Penn. St. 363; Rose v. Vertin, 46 Mich. 457; Stack v. O'Hara, 98 Penn. St. 213; Moseman v. Hertshausen, 69 N.W. 957.) The facts set forth in that portion of the answer demurred to consti......
4 cases
  • 101 Pa. 363 (Pa. 1882), Tuigg v. Sheehan
    • United States
    • Pennsylvania Supreme Court of Pennsylvania
    • 20 Noviembre 1882
    ...and clergy imply no promise of support upon which a contract can be based, which will sustain an action of assumpsit: Ross v. Vertin, 46 Mich. 457. If Father Sheehan should violate his vows of perpetual service to the diocese, or of celibacy, or his promise to refrain from secular pursuits,......
  • 9 N.W. 490 (Mich. 1881), Rider v. Kern
    • United States
    • Michigan Supreme Court of Michigan
    • 29 Junio 1881
    ...on the judgment against him as such garnishee. There was evidence tending to maintain each of these conflicting claims and the case [46 Mich. 457] presented a controversy of fact which it was not competent for the court to either decide or ignore. The plaintiff was entitled to Page 491 have......
  • 118 Misc. 639, Fairchild v. Tillotson
    • United States
    • Invalid date
    ...The courts of this country do not differ nor rule contrariwise in other jurisdictions. Stack v. O'Hara, 98 Penn. St. 213; Rose v. Vertin, 46 Mich. 457; Chase v. Cheney, 58 Ill. 509. It would, therefore, be incumbent upon plaintiff to allege in his complaint facts from which it could be reas......
  • 155 N.Y. 83, Baxter v. McDonnell
    • United States
    • New York New York Court of Appeals
    • 1 Marzo 1898
    ...89 Chase v. Cheeney, 58 Ill. 27; McGuire v. Trustees S. P. Cathedral, 54 Hun, 207; Tuigg v. Sheehan, 101 Penn. St. 363; Rose v. Vertin, 46 Mich. 457; Stack v. O'Hara, 98 Penn. St. 213; Moseman v. Hertshausen, 69 N.W. 957.) The facts set forth in that portion of the answer demurred to consti......