Kicinko v. Petruska
Kicinko v. Petruska
Opinion of the Court
Opinion by
This case arose out of religious differences existing between two factions of a church congregation; after an elaborate trial, the plaintiffs succeeded in obtaining an injunction against the defendants, as hereinafter more fully set forth; the latter have appealed.
The record is a long one; but the material features of the controversy may be stated with comparative briefness. The church in question was organized in 1901, in Monessen, and two years thereafter the congregation was incorporated under the name of the “Greek Catholic Church of the Assumption of the Blessed Virgin Mary,” the charter stating: “The purpose for which the corporation is organized is the support and maintenance of a place for the worship of Almighty God in accordance to the faith, doctrine, discipline, government and forms of
On the facts just stated, and upon other but subordinate findings, the court below decreed defendants be enjoined and restrained, from preaching, teaching or holding any religious services in the before-mentioned church property and from diverting the same “to any form of public worship other than that prescribed in its charter and followed by the congregation from the date of its organization”; also, Father Levkanich and others of the defendants were ordered to deliver up the keys of the church property to the present officers of the congregation, the latter being named in the decree, and the defendants were ordered to permit the rector, or priest, “trustees and members of the Greek Catholic Church of the Assumption of the Blessed Virgin Mary to enter said church and hold services therein,” meaning thereby the priest and trustees chosen by the members who had adhered to the faith and followed the ritual designated in the church charter. This is the decree complained of.
We have examined the whole of the printed testimony, paying particular heed to the parts relied upon by appellants, but are not convinced of manifest error in any finding of fact; and, on the findings as made, the conclusions of the learned court below are inevitable.
As correctly stated by President Judge Doty, in his concurring opinion, “This congregation......is self-governing in temporal affairs, electing its own trustees and holding title to the property in the names of the trustees or of the congregation, which practice was initiated by said congregation and acquiesced in by the [Roman Catholic] bishop of the diocese......Whether the church was wholly independent is not the decisive question. The real, important matter is whether the defendants, now in possession and control of the church property, had departed from the faith of the founders and changed certain forms, fundamentals and practices
The contention of defendants that, upon the .doctrine
When the present appeal first came before us, the defendants made it appear as though there was a substantial conflict between the adjudication in the Berecz case and the one at bar; and, since we then had no
We have not attempted to discuss in detail all of the fifty-three assignments; but we have examined each of them, and find no reversible error.
The decree is affirmed at the cost of the appellants.
Reference
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- Syllabus
- Church law — Church property — Dedication to certain purposes— Piversion — Equity—Injunction—Judgment in prior suit — lies adjudicata — Estoppel. 1. The estoppel of a judgment extends only to a question directly involved in the issue and not to any incidental or collateral matter however it may have arisen and been passed upon. 2. A decree in equity determining the right of a congregation to discharge a rector, under a contract which he had violated, does not bar a subsequent suit between members of the same congregation relating to the control of the church property, and it is not material that certain findings in the prior suit are not consistent with certain findings in the second suit, where the questions involved in such findings were merely incidental to the main questions at issue. 3. A congregation was incorporated in 1901 for the purpose of maintaining a place of worship according to the faith, doctrine, discipline, government and forms of the United Greek Catholic Church. Until 1914 the congregation adhered to the faith and practiced the ritual of the United Greek Catholic Church. In 1914 the congregation employed a priest who belonged to the Orthodox Greek Catholic Church and who began to preach the dogmas and perform the ceremonies of such denomination, so that a large number of the members forsook the charter purposes of the congregation, and practiced in the church the worship and forms of the Orthodox Greek Catholic Church, excluding from the church premises those who adhered to the United Greek Catholic Church. A suit had been brought against this Greek Catholic Church and prosecuted to judgment, involving the right of the congregation to discharge its priest for violation of contract. In a suit in equity .brought by the members of the congregation who adhered to the United Greek Catholic Church to enjoin the members in control from using the church property for the practice of the worship and forms of the Orthodox Greek Catholic Church, the lower court decided that the property had been acquired for the purpose of practicing the worship and forms of the United Greek Catholic Church and that it was impressed with a trust for that purpose; that the prior suit was not res adjudicata; and awarded the relief prayed for. Held, no error. Equity practice — Adjudications ■ — ■ Exceptions ■ — • Chancellor cmd other judges — Opinion—Appeals. 4. Where a court consists of more than one judge, exceptions to an adjudication must be heard by the other members of the tribunal, in addition to the chancellor who tried the case, unless this course is made impossible by their physical disability or equally potent reasons, and the final disposition of the exceptions should be'accompanied by a written opinion from the. court in banc whenever the circumstances so, require; and in the absence of such opinion the record will be returned by the appellate court for a written opinion by the court below.