Liberal Catholic Church v. Rogers

SHINN, J.—

This proceeding in mandamus was instituted in Los Angeles County and, upon demand and motion of Sarah Peacock Rogers, defendant in said proceeding, was trans

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ferred to Ventura County as the county in which said defendant resided at the time the proceeding was instituted. Plaintiff, Liberal Catholic Church, appeals.

The plaintiff, a corporation, in its petition for a writ of mandamus alleged in substance as follows: that petitioner is a nonprofit corporation with its principal place of business in the city of Los Angeles, county of Los Angeles, whose corporate powers have been exercised by its board of directors, denominated trustees in its articles of incorporation. Prior to November 29, 1941, respondent Sarah Peacock Rogers was elected by said trustees as secretary, treasurer, and registrar of petitioner, and manager of St. Alban Press, under which name petitioner publishes books and literature and disposes of and distributes the same, and that on approximately the 29th day of November, 1941, the said trustees discharged said respondent from all of said offices, declared the same vacant, and elected others to said offices in her place, and respondent has had neither power nor authority to act as such since said date, and that respondent was again discharged from said office in the same manner on approximately June 1, 1943, and the same persons were reelected thereto. That while holding said offices on or about the 29th day of November, 1941, respondent came into possession of certain books, records, property and monies of petitioner appertaining to the holding of said offices, and has withheld the same from petitioner’s principal place of business since said date against the consent and without the wish of petitioner. Demand has been made by order of petitioner’s board of trustees through its chairman for the return to said principal place of business of all of said personal property on November 29, 1941, and again on June 7, 1943; and on the 7th day of March, 1943, respondent was ordered to return the same by a special convocation of the petitioner. Respondent has at all times failed and refused to turn over said property to her successors in office, and she has no right, title or interest in and to the same. Among the books and papers so held by respondent were certain missals of the reasonable market value of $2,277, which while being so withheld by respondent lost their entire value by reason of being superseded by a later edition, to petitioner’s damage in the sum of $2,277.