16 Ohio St. 583 | Ohio | 1847
This is a bill filed to enforce the execution of
This is the only mention made of any synod throughout the constitution, except article 1, chapter 6, which prohibits strange preachers from preaching in the church without the production of satisfactory credentials from an Evangelical Lutheran Ministerium, a Reformed Synod, or a preacher of good standing in said church.
By article 6, of chapter 6, provision is made for altering any article of tho constitution by a vote of two-thirds of the voting members, except articles. 1, 2, 4, 5, and 6, of chapter 6, which are declared unalterable forever.
The difficulty in the congregation has arisen upon the construc
Upon the meaning of the words of article 4, the congregation has expressed its own views, in the form most solemn which is known to them as a religious body, that is, by a vote of more than two-thirds of its members. In the amendments to their constitution, regularly adopted and passed in a regular meeting of the congregation, after reciting article 4 of chapter 6, the church has
In general, the office of a court of chancery is not such as to compel it to exact forfeitures, and enforce them. This church has dissolved its connection with the Evangelical Lutheran Synod of Ohio, and therefore, say complainants, it has violated its constitution, and broken the condition in the deed from Heckman. This is the burden of the complainant’s complaint.
Now upon what foundation docs this gravo charge rest? *Upon the meaning of the word bei. A word of doubtful
Their remedy agreed upon and fixed, was to make their existing state of union with each other unalterable, and to bind
In view of all these facts and circumstances, we are not prepared to adopt the views passed upon us on behalf of the complainants, and unite in the conclusion that the px-oof does not warrant a finding that the trust alleged as the foundation of our jurisdiction, had any legal existence binding upon the church in the manner set forth in the bill. This conclusion renders all further inquiry into the causes of difficulty unnecessary. They are matters beyond our jurisdiction, and to be settled by the society in the judicatories peculiar to its own oi’ganization.
Bill dismissed.