Tate v. Walker Memorial Baptist Church

Appellate Division of the Supreme Court of New York

Tate v. Walker Memorial Baptist Church

282 A.D. 675, 122 N.Y.S.2d 182, 1953 N.Y. App. Div. LEXIS 4638

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 675 (Tate v. Walker Memorial Baptist Church) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tate v. Walker Memorial Baptist Church, 282 A.D. 675, 122 N.Y.S.2d 182, 1953 N.Y. App. Div. LEXIS 4638 (N.Y. Ct. App. 1953).

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Opinion

Orders unanimously-affirmed, with $20 costs and disbursements to the respondent. Under the ruling of the Court of Appeals with regard to this particular church (Walker Memorial Baptist Church v. Saunders, 285 1ST. V. 462) the proper procedure for the removal of a minister is by action of the corporate body and not by the trustees alone. Plaintiff is willing and of course must abide by the action of the congregation. To avoid the difficulties now being experienced by both the congregation and the minister, defendants should proceed according to the settled law without unnecessary delay and bring the litigation to an end. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ. [See post, p. 837.]

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Orders unanimously-affirmed, with $20 costs and disbursements to the respondent. Under the ruling of the Court of Appeals with regard to this particular church (Walker Memorial Baptist Church v. Saunders, 285 1ST. V. 462) the proper procedure for the removal of a minister is by action of the corporate body and not by the trustees alone. Plaintiff is willing and of course must abide by the action of the congregation. To avoid the difficulties now being experienced by both the congregation and the minister, defendants should proceed according to the settled law without unnecessary delay and bring the litigation to an end. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ. [See post, p. 837.]

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Bluebook (online)

282 A.D. 675, 122 N.Y.S.2d 182, 1953 N.Y. App. Div. LEXIS 4638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-walker-memorial-baptist-church-nyappdiv-1953.

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