160 Conn. 557 | Conn. | 1970
The plaintiffs allege in their complaint that they are members of the defendant the First Church of Christ, Congregational, Croton, hereinafter referred to as the Church. The individual defendants are officers of the Church.
The complaint alleges that a constitution for the Church was unanimously adopted on January 20, 1963, and that it was thereafter filed with the secretary of the state. The complaint further alleges that on September 26, 1965, the members of the Church voted to have the Church join and become a member of the United Church of Christ.
Because of the nature of this case, we are unable to reach the merits of this appeal. This action requests a declaratory judgment concerning charitable funds. Where such funds are in issue, the attorney general is a necessary party. General Statutes § 3-125; New York East Annual Conference v. Seymour, 151 Conn. 517, 522, 199 A.2d 701; Averill v. Lewis, 106 Conn. 582, 592-93, 138 A. 815.
Where an action seeks a declaratory judgment, the failure to join or to give notice to necessary parties pursuant to Practice Book § 309 (d) is a jurisdie
There is no error.