Knowles v. White
Decision Date | 03 October 1945 |
Docket Number | 15259. |
Citation | 35 S.E.2d 451,199 Ga. 772 |
Parties | KNOWLES v. WHITE. |
Court | Georgia Supreme Court |
John H. Hudson and Thos. G. Lewis, both of Atlanta for plaintiff in error.
A T. Walden, of Atlanta, for defendant in error.
Syllabus Opinion by the Court.
John T Knowles, as a member and deacon of the St. James Baptist Church, filed his petition against E. D. White, alleging in substance that on December 10, 1943, the church duly voted to declare vacant the pulpit, then occupied by E. D. White as pastor; that thereafter White refused to turn over to the petitioner and others the key to the church, but a meeting was held at the church at which meeting W. L. Solomon was chosen as pastor; that White refuses to allow Solomon to enter the pulpit or to perform the duties of pastor. The prayers of the petition were for an injunction and a decree requiring the defendant to deliver to the petitioner the keys to the church. When the case came on for trial, a judgment was entered, which, so far as here material, was as follows To this judgment the plaintiff in error excepted. Exceptions pendente lite were duly filed and preserved as to certain interlocutory orders and judgments. Held:
1. No reference being made by the plaintiff in error in his brief to the pendente lite rulings, these exceptions will be treated as abandoned. Powell v. Powell, 196 Ga. 694(1), 27 S.E.2d 393.
2. Since this is a proceeding by a deacon and member of a church to have adjudicated the question as to who is the pastor of the church, and involves no property rights, a court of equity...
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...be the pastor, without more, does not confer jurisdiction on the courts to address and rule on the matter. See Knowles v. White, 199 Ga. 772, 773(2), 35 S.E.2d 451 (1945). Accordingly, on the record before us, the trial court erred in assuming jurisdiction over the case and in ordering an e......
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...orally argued nor insisted upon in the brief submitted for the plaintiff in error, will be treated as abandoned. Knowles v. White, 199 Ga. 772, 773(1), 35 S.E.2d 451; Chaffin v. Chaffin, 207 Ga. 36, 38, 59 S.E.2d 911, and 2. 'A mere verbal claim to, or assertion of ownership in, property, i......
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