Third Missionary Baptist Church of Davenport v. Garrett

• Decision Date: 07 May 1968
• Docket Number: No. 52927,52927
• Citation: 158 N.W.2d 771
• Parties: THIRD MISSIONARY BAPTIST CHURCH OF DAVENPORT, Iowa, a corporation and Flynn R. Griffin, Appellees, v. Alfred A. GARRETT, Alfred B. Newman, Rosabel Sample, Frank Camp, C. E. Randell, Appellants.
• Court: Iowa Supreme Court

Page 771

158 N.W.2d 771

THIRD MISSIONARY BAPTIST CHURCH OF DAVENPORT, Iowa, a corporation and Flynn R. Griffin, Appellees, v. Alfred A. GARRETT, Alfred B. Newman, Rosabel Sample, Frank Camp, C. E. Randell, Appellants.

No. 52927.

Supreme Court of Iowa.

May 7, 1968.

Betty, Neuman, McMahon, Hellstrom & Bittner, by Ronald L. Saylor, Davenport, for appellants.

Henry T. McKnight, Des Moines, for appellees.

RAWLINGS, Justice.

Action in equity by Third Missionary Baptist Church of Davenport, Iowa, a corporation, and an individual member of the congregation, to require allegedly deposed defendant members of church and board of trustees to account for and turn over assets of the organization to claimed newly elected successor officers. Trial court granted relief requested and defendants appeal. We affirm.

Third Missionary Baptist Church of Davenport, hereafter sometimes referred to as the church, is a congregational, self-governing, autonomous organization. It has no written rules, bylaws or regulations, governed only by articles of incorporation and New Testament. The pastor is moderator of all meetings, and will of the membership controls.

Arguendo the 'right hand of fellowship', with all privileges as voting members, is accorded every person when baptized and fellowshipped, children included.

Problems apparently not presented in the case at bar were discussed with Pastor Patton during the fall of 1964 and spring 1965. These issues were submitted to the congregation during the April 23, 1965, quarterly meeting. The minister then purged the church of all under 21 and any who had not communed for the prior three months. Confusion resulted and the session adjourned by the pastor without action on matters called up by the members for consideration.

Advance announcements were made two separate Sundays prior to the June 4, 1965, membership meeting to the effect all church business would be considered at that session. Shortly after it convened request was made for a vote to determine whether the pastor should be retained. Again there was confusion and Reverend Patton adjourned the meeting. One of the persons present immediately asked those in attendance to remain so there could be a vote on retention of the minister. Some people walked out but about 75 or 80 remained. The preacher's wife started playing a piano and he began singing, in an attempt to interrupt proceedings. However, as best we can determine, it appears a majority of those present voted to remove him from the pastorate.

Subsequently the minister was asked to meet with the deacon board, but he refused.

June 26, 1965, there was a duly called meeting of church affiliates. It was opened by the pastor, but presided over by E. L. Dillard, a Baptist moderator. About 300 people were in attendance, all seats being occupied, with some standing.

Dillard announced a standing vote would be taken on whether to retain Reverend Patton. Request was made, but denied, for a roll call and secret ballot. The acting mediator apparently refused to recognize those opposing retention of the minister. There followed loud discussion and complete confusion. As a result two policemen entered and ordered everyone to sit down or leave. Some in attendance departed. There is a conflict in the evidence as to number of people remaining. However, the record discloses Bobby Leon Ray testified to the effect he acted as a counter, and with 15 or 20 children included, 149 people were present and voted. This is his testimony on cross-examination:

'Q. Did you check the names of those people against the roll of the church? A. No, I didn't.

'Q. Do you know all the members of the church? A. No, I don't.

'Q. How do you know whether or not those people who were standing were members? A. Because Deacon James Simmons followed the counters as a move to counteract anybody that shouldn't have been counted by instruction from the board.

'Q. Did he have a copy of the roll with him? A. I don't know.

'Q. Did you challenge anybody as not being a member? A. No. I didn't.'

Alfred A. Garrett, Alfred B. Newman, Rosabel Sample, Frank Camp, trustees, and C. E. Randell, general treasurer, were unanimously voted out of office.

Following that action Flynn R. Griffin, individual party plaintiff, and four others were elected to replace the deposed officers.

July 19, 1965, defendants in this case, sought by civil action (#48554) to restrain the new board from dealing with property of the church. Defendants in that proceeding asked an accounting and surrender to them of all assets of the parish. Trial court ultimately held the matters involved were ecclesiastical, it had no jurisdiction, and dissolved a temporary injunction previously issued. Order of dismissal was entered. No appeal was taken.

August 5, 1965, Garrett and his friends, unable to gain access to the church, assembled in Garrett's backyard, voted Griffin and associates out of office, then reinstated the Garrett group. New church rules and regulations generally relating to membership and expulsion were adopted.

August 6, 1965, a previously announced covenant meeting was held in the church. It is claimed about 80 people, some under 18, were in attendance at this session, but no count was actually made. In any event, those present were advised the deacons recommended all who had not been supporting the church by participation and financial aid be purged. A voice vote resulted in expulsion of 150 or more members, for the most part unidentified. Without question, however, defendants were among those removed from the roll. Apparently, all not present at that meeting were expelled.

September 15, 1965, the case with which we are here concerned was commenced.

Propositions urged by defendants in support of reversal are, trial court erred in holding, (1) plaintiffs' action not barred under the rule of res judicata; (2) proceedings during the August 5, 1965, Garrett backyard meeting, removing defendants from the board of trustees and electing successors, constituted an ecclesiastical matter over which civil courts have no jurisdiction; (3) expulsion proceedings during the August 6, 1965, meeting were a nullity and of no force or effect. Other issues, not essential to determination of this appeal, are asserted.

I. Our review is de novo, embracing the entire action. B-W Acceptance Corporation v. Saluri, 258 Iowa 489, 499, 139 N.W.2d 399.

And, in considering credibility of witnesses, we give weight to fact findings of the trial court but are not bound by them. Rule 344(f)(7), R.C.P., and Bandag, Incorporated v. Morenings, 259 Iowa 998, 146 N.W.2d 916, 919.

II. First to be considered is defendants' claim, trial court erred in not holding plaintiffs' action barred by reason of the prior adjudication. Although there has heretofore been general reference to this subject, an understanding of the problem presented requires further mention of related events.

The record discloses parties to this action stipulated as follows: '* * * That the defendants Garrett, Camp, Newman, Sample and Randell were party plaintiffs in Equity Number 48554 and are parties defendant in the present cause, and that suit in Equity 48554 joined the corporation Third Missionary Baptist Church as a party plaintiff and sought an injunction against persons elected as officers of the Third Missionary Baptist Church to act as officers, and the Reverend T. Spencer Patton, Jr., as--acting as Pastor. That a temporary injunction ex parte was granted on July 14, (sic 19) 1965 but was dissolved and the Petition dismissed August 4, 1965, and no appeal was taken, and the time to perfect an appeal has transpired. * * *

'* * * That Flynn R. Griffin, party plaintiff as chairman of the Trustee Board of the Third Missionary Baptist Church in the present cause is the same person as Flynn Griffin, party defendant in Equity #48554, and that a Cross Petition by the defendants in Equity Number 48554 was filed asking that personal property of the Third Missionary Baptist Church be delivered to the defendants on behalf of the Third Missionary Baptist Church which was named plaintiff in said action, and that said Cross Petition was dismissed, no appeal was taken and the time in which to perfect an appeal on the Cross petition has expired.'

Briefly stated, plaintiffs in the prior action are defendants in the case at bar, and plaintiff Griffin, in the cause now before us, was one of nine defendants in the original proceeding.

Trial court concluded plaintiffs were not barred from pursuing the case at hand by reason of the prior adjudication. We find no legally compelling reason to disagree.

As stated in State ex rel. Howson v. Consolidated Sch. Dist., 245 Iowa 1244, 1248, 65 N.W.2d 168, 171: 'The doctrine of res judicata is well established and it may exist under two situations: (1), As a bar to a second action upon the cause of action, and (2), as a bar to relitigation of particular facts or issues in a different cause of action. But in both instances, the parties thereto must be identical or in privy thereto. As said in McCullough v. Connelly, 137 Iowa 682, 686, 114 N.W. 301, 302, 15 L.R.A., N.S., 823, no one can be barred by res judicata until he has had "full legal opportunity for an investigation and determination" of the matter. See also School Twp. of...