Abyssinia Missionary Baptist Church v. Nixon

• Decision Date: 24 November 1976
• Citation: 340 So.2d 746
• Parties: ABYSSINIA MISSIONARY BAPTIST CHURCH, a corp., et al. v. Reverend F. N. NIXON et al. SC 1741.
• Court: Alabama Supreme Court

Page 746

340 So.2d 746

ABYSSINIA MISSIONARY BAPTIST CHURCH, a corp., et al. v. Reverend F. N. NIXON et al.

SC 1741.

Supreme Court of Alabama.

Nov. 24, 1976.

Rehearing Denied Jan. 7, 1977.

Jerry O. Lorant and David E. Oglesby, Birmingham, for appellants.

John J. Smith and John Joseph Smith, Jr., Birmingham, for appellees.

EMBRY, Justice.

This case involves a complaint by individuals who claim they were wrongful expelled from membership in their church, and, church monies were misappropriated by the minister and church secretary. The complaint prays for an order requiring a congregational election to determine whether the minister should resign, and for an accounting of church monies by the secretary. The trial court granted a motion to dismiss.

We reverse.

Appellants, plaintiffs below, filed an action alleging they are members of the Abyssinia Missionary Baptist Church; and that defendants, Reverend Nixon, pastor of the church, and Susie Hollinhead, secretary of the church, refused to hold a meeting of the congregation to discuss the mishandling of church monies. In two amendments, plaintiffs allege they were wrongfully expelled from membership in the church; that defendants misapplied church monies and refused to hold an election, at the request of a majority of members of the church, for the purpose of determining who has the right to control church property. The court was asked to order an election by the congregation to determine whether Reverend Nixon should resign as pastor and to order Susie Hollinhead to account for church monies.

Nixon and Hollinhead filed motions to dismiss, accompanied by affidavits sworn by members in good standing of the church, alleging that plaintiffs were in attendance at a church meeting held sixty days before this action was commenced at which plaintiffs were expelled from membership in the church by a majority vote of the congregation. The decree of the trial court granting the motion to dismiss states, as grounds, that plaintiffs have no standing to bring this action and, even assuming they do, the court has no jurisdiction to decide the matter. It is not clear from the trial court's order whether the affidavits, matters outside the pleadings, were considered and the motion treated as one for summary judgment. Rule 12(b), ARCP. Plaintiffs appeal from the judgment of dismissal.

As is apparent from the preceding this case involves a dispute within a Baptist Church congregation in Jefferson County.

As is the case with all churches, the courts will not assume jurisdiction, in fact has none, to resolve disputes regarding their spiritual or ecclesiastical affairs. However, there is jurisdiction to resolve questions of civil or property rights. Williams v. Jones, 258 Ala. 59, 61 So.2d 101 (1952).

This court takes cognizance of the well established case law of this State pertaining to the Baptist Church and the limited nature of this State's courts' jurisdiction over the business transacted within the Baptist Church.

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