Stone v. Bogue
| Citation | 181 S.W.2d 187,238 Mo.App. 392 |
| Parties | R. E. Stone, Maurice Turland, Otis Stearns and J. W. Savage, Members of the General Assembly of the Church of Christ, a Voluntary Association, for Themselves and all Others Similarly Situated, Appellants, v. A. W. Bogue, R. H. Rieger, Clarence Dobson, L. M. Thornton, S. F. Bronson, H. S. Armstrong, C. M. Belcher, R. G. Newby, Mrs. Jessie Farber Chapman, the Bank of Independence and the First National Bank of Independence, Respondents |
| Decision Date | 05 June 1944 |
| Court | Court of Appeals of Kansas |
Appeal from Jackson Circuit Court; Hon. John R. James, Judge.
Affirmed.
S Ralph Stone and Walter A. Raymond for appellants.
(1) The court erred in holding there was before it no justiciable controversy involving property rights. This action involves a controversy over the possession and use of the church property and the court had jurisdiction to determine and settle the property rights involved. Clevenger v. McAfee (Mo. App.), 170 S.W.2d 424, 429; Ostrom v Greene, 20 Misc. 177, 45 N.Y.S. 852, 856; Katz v Goldman, 33 Ohio App. 273, 168 N.E. 763, 765; Hayes v. Manning, 263 Mo. 1, 172 S.W. 897, 903, 904, 905. (2) The usages and customs of the church throughout its existence are to be looked to for the determination of what is the governing authority entitled to the possession and control of the church funds and church property. Ostrom v. Greene, 20 Misc. 177, 45 N.Y.S. 852, 856; Russie v. Brazzell, 128 Mo. 93, 30 S.W. 526, 530-532; Ostrom v. Greene, 161 N.Y. 353, 55 N.E. 919, 922; Katz v. Goldman, 33 Ohio App. 273, 168 N.E. 763, 766; Hayes v. Manning, 263 Mo. 1, 172 S.W. 897, 901, 902, 903. (3) The court erred in holding that the majority group was obliged to make an attempt to physically take over control of the meeting and were not justified in withdrawing in the face of the minority's possession with the announced intention to enforce their claimed right to control and apparently prepared to enforce such control by force if necessary. Humphreys v. St. Louis-San Francisco Ry. Co. (Mo. App.), 286 S.W. 738, 741; Hurst v. Montgomery Ward & Co. (Mo. App.), 145 S.W.2d 992, 995; Gust v. Montgomery Ward & Co. (Mo. App.), 136 S.W.2d 94, 99; Thaler v. Niedermeyer, 185 Mo.App. 257, 170 S.W. 378, 383; Goar v. Belinder, 213 Mo.App. 330, 249 S.W. 977, 980. (4) The court erred in holding that the meetings of the majority from the second day on were not legal meetings because held in a different place than that designated as the meeting place of the General Assembly and because there was no legal adjournment to the meeting places subsequent to the meeting of the first day. State v. Cronan, 49 P. 41, 23 Nev. 437; See also cases cited and argument under point (3), supra.
W. Raleigh Gough for respondents.
(1) Plaintiffs cannot recover upon a theory that they constitute a majority of the general bishops of the church society. State ex rel. v. Augustine, 113 Mo. 21, 24-25; 7 C. J. S. 48; In re Tidewater Coal Exchange (N. Y.), 280 F. 638, affirming 272 F. 1008, 1011; Industrial Trust Co. v. Green, 17 R. I. 586, 23 A. 914, 17 L. R. A. 202. There is no sufficient pleading under which plaintiffs can recover, or any theory that plaintiffs constitute a majority of the bishops and are, therefore, entitled to recover the church assets from defendants. Friedel v. Bailey, 329 Mo. 22, 44 S.W.2d 9, 15; Hecker v. Bleish, 319 Mo. 149, 3 S.W.2d 1008, 1019; Massey-Harris Harvester Co. v. Federal Reserve Bank, 226 Mo.App. 916, 48 S.W.2d 158, 165. (2) A civil court has no jurisdiction over the affairs of a religious society unless there is presented a justiciable dispute over property rights of individuals in the society. 45 Am. Jur. 748-750, sec. 40, 768-769, sec. 59; 24 L. R. A. (N. S.), 692-693, sec. 2; Watson v. Garvin, 54 Mo. 353, 378; 10 C. J. S. 313, sec. 66; State v. Frater, 130 Wash. 501, 228 P. 295; Crowden v. Dieu Nous Protege Mut. Aid Assn. (La. App.), 146 So. 710; Mead v. Stirling, 62 Conn. 586, 27 A. 591, 23 L.R.A. 227; Hynes v. Lillis, 183 Mo.App. 190, 170 S.W. 396, 399-440. (3) The actions of the General Assembly at the session of June 7th in no respect affected any property rights of either plaintiffs or defendants. (4) The only method by which the members or bishops of the church could deprive defendants Bogue and Rieger of any of their authority over the church's funds and assets was by some legal action of the General Assembly or by the bishopric, either removing those defendants from office or depriving them of their authority. 8 A. L. R. 110, sec. IV; 70 A.L.R. 81; 45 Am. Jur., 776-777, sec. 67; Garton v. Fitzpatrick, 187 Ala. 273, 65 So. 390, 391-392. (5) Plaintiffs' petition utterly fails to state sufficient facts to show a justiciable controversy over property rights, of which a civil court has jurisdiction -- hence the judgment dismissing their suit must be affirmed. Denney v. Guyton, 327 Mo. 1030, 40 S.W.2d 562, 567; General Am. Life Ins. Co. v. Leavenworth, 347 Mo. 876, 149 S.W.2d 360, 361; Streib v. Local Lodge, etc. (Mo. App.), 40 S.W.2d 519, 521; McDonnell v. Hawkeye Life Ins. Co. of Des Moines, Ia. (Mo. App.), 64 S.W.2d 748, 752; McMillion v. Triplett, 233 Mo.App. 325, 118 S.W.2d 515; Hawkins v. Heagerty, 348 Mo. 914, 156 S.W.2d 642, 644; Wing v. Union Central Life Ins. Co., 155 Mo.App. 356, 137 S.W. 11. Defendants did not "consent" to a broadening of the issues as made by the pleadings. Ilgenfritz v. Mo. Power & Light Co., 340 Mo. 648, 101 S.W.2d 723, 726; Gilliland v. Bondurant (Mo. App.), 51 S.W.2d 559, 568-569; State ex rel. v. Allen (Mo.), 85 S.W.2d 455, 460-461; Robinson v. K. C. Pub. Serv. Co., 345 Mo. 764, 138 S.W.2d 548, 554; Brandt v. Farmers Bank of Chariton County (Mo. App.), 177 S.W.2d 667, 670-672. (6) The apostles had supreme ecclesiastical authority. 17 C. J. S. 673. (7) The meeting held by plaintiffs and their followers at 520 West Lexington was not a meeting of the church society in accordance with its laws, rules, and usages, and hence the attempted removal of defendant Bogue as the managing bishop of the church was void. 54 C. J. 19, sec. 30, 20-21, sec. 35; Kuhl v. Meyer, 42 Mo.App. 474, 478-479; Long v. Harvey, 177 Pa. 473, 35 A. 869, 34 L. R. A. 169; Kerr v. Hicks, 154 N.C. 265, 70 S.E. 468, 33 L. R. A. (N.S.), 529; Clapp v. Krug (Ky.), 22 S.W.2d 1025, 1028; Ennix v. Owens (Ky.), 271 S.W. 1091, 1093; Auracher v. Yerger (Ia.), 58 N.W. 893; 46 C. J. 1378; Ostrom v. Greene, 161 N.Y. 353, 55 N.E. 919 (same case, 20 Misc. 177, 45 N.Y.S. 852); 54 C. J. 75-76, sec. 167. (8) Plaintiffs' alleged "fears" of violence do not render their separate meeting a valid and legal continuation of the meeting of the General Assembly. Clevenger v. McAfee, 170 S.W.2d 424; Long v. Harvey, 177 Pa. 473, 35 A. 869, 34 L. R. A. 169; Clapp v. Krug (Ky.), 22 S.W.2d 1025; Stryjewski v. Panfil, 269 Pa. 568, 112 A. 764; State v. Cronan (Nev.), 49 P. 41; Gipson v. Morris (Tex.), 73 S.W. 85, 86.
OPINION
This is a suit in equity by R. E. Stone, Maurice Turland, Otis Stearns, and J. W. Savage, plaintiffs, bishops and members of the Church of Christ, against A. W. Bogue, R. A. Rieger, and Clarence Dobson, bishops and members of said church, L. M. Thornton, S. T. Bronson, H. S. Armstrong, C. M. Belcher, and R. G. Newby, members and apostles of said church, and Mrs. Jessie Farber Chapman, a member and general secretary of said church, defendants, to secure possession, control and custody of the funds and property of said church. From a judgment for defendants plaintiffs have appealed.
The Church of Christ is a voluntary, unincorporated religious society, having no written constitution or by-laws. Joseph Smith founded the Reorganized Church of Jesus Christ of Latter Day Saints. Brigham Young headed the first great revolt in that church and led his disciples to Utah. The Church of Christ derives through the Hedrickites, who separated from the Reorganized Church of Jesus Christ of Latter Day Saints after that church was established at Independence, Missouri. From the Hedrickites grew the "Temple Lot" church; and from the "Temple Lot" church the Church of Christ is an off-shoot. A generally similar form of church government adheres in all of the churches above named.
The membership of the Church of Christ is made up of the membership of some thirty-four local churches of that denomination, located in a number of States and in Canada, and of individual members who adhere to its doctrine but who are not members of any local church. Each local church maintains its own pastor and carries on its activities with funds contributed to it locally.
The supreme and final governing power of the general church is vested, by custom and practice during a period of years, in the General Assembly. The General Assembly is not made up of delegates or representatives of the local churches, but consists of such of the members of the various local churches, and of its adherents who are not affiliated with any local church, as may attend the sessions of the General Assembly. It has met annually in Independence for many years. The total membership of the church is approximately 1500. The General Assembly would, therefore, if all members were present, consist of approximately 1500 members, each of whom would have a voice and vote in its deliberations and decisions.
The general spiritual supervision, watch and care of the church is vested in twelve apostles, known as "The Twelve," called and designated by God; and the control of the temporal affairs of the church is vested in seven bishops, who have the custody and general control of the church's finances and property. It is the belief and practice of the church that God gives messages, on occasion to various individuals, through Saint John the Baptist (and possibly others)...
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