B. F. White Sacred Harp Musical Soc. of Alabama v. Jackson

• Decision Date: 18 October 1923
• Docket Number: 6 Div. 754.
• Citation: 210 Ala. 218,97 So. 706
• Parties: B. F. WHITE SACRED HARP MUSICAL SOCIETY OF ALABAMA v. JACKSON ET AL.
• Court: Alabama Supreme Court

97 So. 706

210 Ala. 218

B. F. WHITE SACRED HARP MUSICAL SOCIETY OF ALABAMA v. JACKSON ET AL.

6 Div. 754.

Supreme Court of Alabama

October 18, 1923

Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge.

Bill of the B. F. White Sacred Harp Musical Society of Alabama against A. A. Jackson and others. From a decree dissolving temporary injunction, complainant appeals. Affirmed.

Powell & Powell, of Birmingham, for appellant.

Rudulph & Smith, of Birmingham, for appellees.

PER CURIAM.

Complainant the B. F. White Sacred Harp Musical Society of Alabama, is an incorporation organized, according to its constitution and by-laws, by teachers and leaders of vocal music in the state of Alabama who, "being convinced of the propriety of promoting and advancing the cause of vocal music, have mutually agreed to form themselves into a convention in order to defend and perpetuate the above purpose." It has adopted as the official book for use in its singing conventions the "B. F. and J. L. White Sacred Harp." The corporation has officers and trustees, and it has been engaged in promoting the construction of an auditorium in the city of Birmingham for the use of this and similar organizations of singers. Moneys have been collected and a site for the structure bought and paid for. Funds of the society are on deposit with the American Trust & Savings Bank of Birmingham under a contract with complainant by the terms of which the said bank acts as trustee in holding and disbursing money. Since August, 1921, A. A. Jackson has been holding himself out as president of complainant, and Elizabeth Jackson, his daughter, has been holding herself out as the secretary and treasurer. There has been some dissension in the ranks of the organization, and two sets of men are contending in competition for the office of trustee. The bill in equity here on trial is brought in the name of the corporation against A. A. Jackson, Elizabeth Jackson, and the American Trust & Savings Bank. It is alleged that said Elizabeth Jackson has not correctly accounted to the corporation for funds which she has collected on account of the proposed building. It is alleged that said A. A. Jackson and Elizabeth Jackson are not legally entitled, respectively to the offices of president and secretary-treasurer of the corporation. An accounting is sought at the hands of said Elizabeth Jackson, and an injunction against interference on the part of said A. A. Jackson and Elizabeth Jackson with the management of the corporation and its property, and from interfering with a proposed convention of the society which was to have been held in the latter part of August, 1922. Bond having been made, a temporary injunction was issued out of the circuit court of Jefferson county sitting in equity on July 1, 1922. Defendants having filed their sworn answer, a motion was made for the dissolution of the temporary injunction. The motion came on for hearing on the pleadings and affidavits submitted by both sides, and the temporary injunction was by the court dissolved on August 11, 1922. This was some two weeks prior to the date of the proposed convention at...