Kelsey v. Jackson
Cases that cite this one
13 later published cases cite this decision.
- McLendon v. Simmons (Ga. Ct. App. 1929)
- Holmes v. Bankston (Ga. 1920)
- Langford v. Mount Zion Baptist Church (Ga. Ct. App. 1918)
- Heath v. Butler (Ga. 1957)
- Jackson v. Oliphant (Ga. Ct. App. 1953)
- Smith v. Jarrett (Ga. Ct. App. 1948)
- Burgess v. James (Ga. Ct. App. 1946)
- Walker v. Grand International Brotherhood of Locomotive Engineers (Ga. 1938)
- Smith v. International Ladies Garment Workers Union (Ga. Ct. App. 1938)
- Zeigler v. Perry (Ga. Ct. App. 1928)
- Stanley v. City of Glennville (Ga. 1913)
- Timmons v. Citizens Bank (Ga. Ct. App. 1912)
- Smith v. Goode & Nichols Furniture Co. (Ga. Ct. App. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(After stating the facts.) 1-3. An action can not be brought by or against an unincorporated church as an entity. Thurmond v. Cedar Springs Baptist Church, 110 Ga. 816; Mutual life Ins. Co. v. Inman Park Presbyterian Church, 111 Ga. 677; Wilkins v. Wardens of St. Mark’s Church, 52 Ga. 351. Incorporation which will authorize suit to be brought by or against a church may be had under section 2351 of the Civil Code, or by filing a certificate as provided in section 2355 of the Civil Code. See also §§ 2356, 2357. Where it does not appear that a church has been incorporated, or that a certificate has been filed, but it is alleged that the title to the trust property is in certain trustees, a proceeding to subject the trust property to a debt for which it is liable can be brought under section 3202 of the Civil Code; and to such action the trustees are the only necessary parties. Josey v. Union Loan & Trust Co., 106 Ga. 608, 611.
4. A church is not a commercial organization which holds property by itself, or through trustees, for purposes of gain and profit. The advancement of religion is of the essence of the trust. The pastor is a factor in such promotion. A church is bound to pay the salary of the pastor. And as he must be housed, where the contract under which he is employed includes both the payment of a salary and the rent of a parsonage for his occupancy, the entire debt stands on the same basis of equity and justice. If the divine law does not prompt the members to pay such a debt, human law will enforce it. Lyons v. Planters Loan & Savings Bank, 86 Ga. 485. In the absence of other property, the church edifice and site in the hands of trustees can be subjected for the payment of such a debt. Civil Code, § 2361.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.