History
  • No items yet
midpage
Ballew v. Deal
209 Ga. 69
Ga.
1952
Check Treatment
Atkinson, Presiding Justice.

Where four persons, alleging themselves to be members of a Missionary Baptist church, brought an action to enjoin a pastor and four deacons of the church from interfering with the petitioners’ use of the church property, alleging that the petitioners were illegally excluded from the church membership because they disagreed with the defendants on the practice of foot washing, and where the petition as amended sought to have the purported acts of the defendants decreed to be void and that the petitioners’ right as members be restored, but failed to allege that the action complained of was not taken by a majority of the members present, such petition as amended did not state a cause of action, and the trial court erred in overruling a general demurrer thereto. Stewart v. Jarriel, 206 Ga. 855 (59 S. E. 2d, 368), and cases cited; Sapp v. Callaway, 208 Ga. 805 (69 S. E. 2d, 734).

Judgment reversed.

All the Justices concur. Malcolm C. Tarver, for plaintiffs in error. J. A. Gregory, Y. A. Henderson and J. B. Langford, contra.

Case Details

Case Name: Ballew v. Deal
Court Name: Supreme Court of Georgia
Date Published: May 12, 1952
Citation: 209 Ga. 69
Docket Number: No. 17838
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.