Knowles v. White

Decision Date03 October 1945
Docket Number15259.
Citation35 S.E.2d 451,199 Ga. 772
PartiesKNOWLES v. WHITE.
CourtGeorgia 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.

WYATT Justice.

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 'It is stated in open court that the question of the keys to said church is not before the court at this time. This leaves the only issue, according to the prayers of the petition, as to whether or not the Rev. E. D. White shall enter the pulpit of said church, or whether the Rev. Solomon shall enter the pulpit; and also [whether] * * * the said White be restrained and enjoined from using any way, plan, scheme or ruse, and interfering with the presence of said Rev. Solomon in the pulpit of said church. The court is of the opinion that this is purely a question of the internal affairs of this religious organization; that there are no property rights involved in the question as to whether White or Solomon shall fill the pulpit; and therefore the court has no jurisdiction, and on motion of defendant's counsel, the case is ordered dismissed.' 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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7 cases
  • Bolden v. Barton
    • United States
    • Georgia Supreme Court
    • 10 January 2005
    ...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......
  • Nottingham v. Elliott, 18023
    • United States
    • Georgia Supreme Court
    • 13 January 1953
    ...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......
  • United Baptist Church, Inc. v. Holmes
    • United States
    • Georgia Court of Appeals
    • 1 April 1998
    ...expulsion of members of a religious entity. Stewart v. Jarriel, 206 Ga. 855, 856(6), 59 S.E.2d 368 (1950); see also Knowles v. White, 199 Ga. 772, 35 S.E.2d 451 (1945); McCluskey v. Rakestraw, 164 Ga. 30, 137 S.E. 394 (1927); Tucker v. Paulk, 148 Ga. 228, 96 S.E. 339 (1918). Thus, the propr......
  • Carden v. LaGrone
    • United States
    • Georgia Supreme Court
    • 16 June 1969
    ...the majority of the members. Code Ann. § 22-5504 (formerly Code § 22-406); Code Ann. § 22-5506 (formerly Code § 22-408). Knowles v. White, 199 Ga. 772, 35 S.E.2d 451; Edwards v. Thomas, 204 Ga. 766, 51 S.E.2d 855; Sapp v. Callaway, 208 Ga. 805, 69 S.E.2d Accordingly, the trial court erred i......
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