Manning v. Shoemaker
Manning v. Shoemaker
Opinion of the Court
Opinion by
The right of the appellants to maintain their bill in equity depends entirely upon their relation to the original association after participating in the election of officers in 1891, at which time the differences between the adherents of Bishops Dubs and Esher assumed a definite form in the withdrawal from the association of those who espoused the cause of Bishop Esher.
The constitution and the management of the affairs of the association show clearly that this association of ladies was entirely independent of the control of the church of which they were members. It has regularly continued its existence by meetings, elections of officers, and transaction of the business of the association in accordance with the expressed will of a majority of the members present at regular meetings. In 1891 two or more of the members of the association volunta
The bill was filed by appellants in behalf of themselves and in behalf of such other persons as may desire to become parties to the bill, but it does not appear that the church, as such, has taken any interest in the eontroversry. The prayers were for an account of all the money, and for its increase at the time of the separation of some of the members from the association, and for the payment and delivery of all of the money and other property to the plaintiffs belonging to the society at the time mentioned.
The name, object, and membership indicates that it was a useful adjunct of the church, but it was not subordinated to the supervision or control of any external power, and this case is to be decided independent of the controversy in the Evangelical Association of North America, as that body had no right of ecclesiastical control or direction over the affairs of this association. The Salem’s Aid Society of the Evangelical Church of Allentown, Pa., was an unincorporated religious association, and an independent society with absolute power over its property.
The amendment of the constitution and the disposition of property were in accord with the law of the association as it was made by the membership.
Assuming that the interpretation put upon article 4 of the constitution, in declaring the object of the society to be “ to raise money for said church” and that “said church” was the Christian organization to which all or practically all of these ladies
Even had the seceding members remained in the original association, and had a motion to accomplish the purpose of which they now complain been properly adopted, they, though opposing it, would be barred by it: MacDowell v. Ackley, 93 Pa. 277. As between the members, the articles of association are the fundamental rules by which the character of the association is tobe determined: Wangh v. Carver, 1 Smith’s Leading Cases, 1316, (8 Am. ed.).
The facts as found by the learned judge below are fully sustained by the evidence.
The decree of the court below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.