Morris v. Richard Clark Missionary Baptist Church

NOURSE, P. J.

Plaintiffs sued in mandamus to compel their reinstatement as trustees of defendant church. The defendant church alone appeared and filed a cross-petition to compel the deposed trustees to return church books and records in their possession. The trial court entered judgment for defendant on both the petition and cross-petition.

The church was duly organized under the state law in 1913. Its articles of incorporation provide that there shall be seven trustees who shall serve for a term of one year, or until their successors are elected and installed. Thereafter the corporation adopted by-laws providing that there should be nine trustees who shall serve during good behavior. Acting under the by-laws the church at the time this controversy arose was operating with nine trustees. At a meeting of the church members, duly called, they agreed to abide by the articles of incorporation and six of the nine incumbent trustees who had served more than one year were removed and four other members were elected to complete the list of seven, with three of those who had not served one year holding over.

The controversy arises over an incident occurring during a Sunday morning service when the nine trustees were assembled in an anteroom counting the money received in the morning collection. Two of the trustees engaged in a physical encounter during which they fell through the door into the church auditorium, interrupting the pastor’s sermon. At the close of the service the pastor referred to the incident and

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called a special church meeting of all members for the following Wednesday evening. “His announcement was, ‘everybody came out to settle a ruckus. ’ ” At the meeting held pursuant to this call the Sunday morning incident was referred to at length. One of the participants jn that affair apologized to the members and his apology was accepted. Plaintiff Morris, another participant, denied any wrong doing and his qualified apology was rejected. Thereupon the pastor announced that he was advised that the articles of incorporation fixing the number of trustees at seven and their period of office at one year were controlling and that six of the present members had served for more than one year. Nominations were then requested for four new trustees. Four persons were suggested by the pastor and, upon motion, were elected by the members by a large majority.