St. Paul English Lutheran Church v. Stein
| Decision Date | 29 December 1926 |
| Docket Number | 25497 |
| Citation | 211 N.W. 611,115 Neb. 114 |
| Parties | ST. PAUL ENGLISH LUTHERAN CHURCH ET AL., APPELLANTS, v. EMIL A. STEIN, APPELLEE |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Franklin county: LEWIS H BLACKLEDGE, JUDGE. Reversed, with directions.
REVERSED.
C. P Anderbery and Stiner & Boslaugh, for appellants.
Bernard McNeny and J. S. Gilham, contra.
Heard before ROSE, DEAN, DAY, GOOD, THOMPSON and EBERLY, JJ.
This action was brought in the district court for Franklin county by the appellants, hereinafter called plaintiffs, against the appellee, hereinafter called defendant, seeking an injunction preventing the defendant from attempting to officiate as pastor of the plaintiff church, or from exercising any of the rights, functions or prerogatives as pastor of such church, or from longer using or occupying the parsonage and other buildings forming a part of such church property. After the issues were duly joined, the suit coming on to be heard, judgment was rendered in favor of the defendant and against the plaintiff; to reverse which judgment plaintiffs appeal.
The facts as we find them reflected by the record are: That the plaintiff church is, and has been for more than four years prior to the commencement of this action, a duly, legally organized and existing religious society, as indicated by its name, composed of about 40 members, owning, controlling and using a parsonage and a church building and equipment in Hildreth, Franklin county, and the lands comprising the tract upon which such church building, parsonage, and other outbuildings are situate; that such properties were acquired by voluntary and gratuitous contributions of the members of such church at a cost and value of about $ 14,000; that some time in August, 1921, the plaintiff church employed the defendant as its pastor, as we construe the record being considered, for an indefinite period, at a compensation of $ 1,200 a year, together with the use of the parsonage terminable at the option of either of the contracting parties upon fair and reasonable terms, upon giving notice, on either party becoming justly dissatisfied; that such pastor took possession of the parsonage and the equipment thereof, which he has ever since occupied, and began, and has continued, to exercise the powers and rights of a pastor in reference to such church and property; that for about a year prior to the institution of this suit a serious and continuous lack of harmony between the members of such church and their pastor arose, and has ever since existed, deterring the growth of the church membership, and that to the extent of defeating the objects and purposes for which such church was organized and the property purchased and dedicated; that friendly efforts on the part of the officers of such church and its members, looking to an amicable adjustment of all matters involved, were made to induce the defendant to withdraw as pastor of such church and vacate such parsonage, which were without avail; that in furtherance of such desire, on or about the 12th day of September, 1925, the church council, the body clothed with authority to so act, at a meeting thereof duly called and held, passed a resolution demanding the discharge of such pastor; that such action of such church council was carried to defendant and to the congregation, and looking to the consummation of such resolution, and after due notice given, the same was presented to the congregation and members of such church at a special meeting called for such purpose and held on the 15th day of September, 1925, and the question of such dismissal and vacation of premises was put to a vote of such members, a majority of whom were present, and the resolution previously adopted was, by a unanimous vote of all the members of such church...
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