114 Mich. 575 | Mich. | 1897
This is certiorari to review an order adjudging defendant Kabat guilty of contempt for disobedience to a preliminary injunction. The original bill was filed by complainant Richter, bishop of the diocese
The bill proceeds to charge, in substance, that defendants took sides with Turski; that a committee was appointed to represent the Turski faction; that they called upon Matkowski at his parochial residence, and asked him to quit his residence, and quit his charge as priest of the parish, and threatened, if he did not leave, that a large number of his parishioners would gather together, and forcibly oust him from the premises; that later, in April, they called at the residence of Matkowski, and proceeded to take an inventory of the personal property; that Matkowski left the residence, being in fear of personal violence, and has not since occupied the same; that defendants caused the gates leading into said premises to be fastened with chains and locks, and now assume to have charge of said premises, for the. sole purpose of preventing complainant Matkowski from going upon the same, and that a guard was appointed to remain on said premises, and prevent said complainant from going upon the same. The bill further alleges that Matkowski still retains the
The bill alleges that, although entitled to institute proceedings against defendants for trespass, yet, inasmuch as it would be necessary to bring repeated actions of trespass against defendants, such an action would be inadequate to afford óomplainants their rights in the property, and that the bill is filed to prevent a multiplicity of suits. The bill further alleges that several of the defendants have threatened and intend to destroy the buildings on the premises in question rather than permit the complainants to occupy the same and continue their possession therein. The bill prays that complainants be allowed to exercise their lawful control and jurisdiction over the premises, undisturbed and unmolested by defendants, and prays an injunction, which injunction was granted, enjoining the defendants from any of the acts following:
“(a) From illegally and unlawfully, and in defiance of the authority of said church, combining and conspiring to supplant and remove the said Matkowski from his position as priest of said church and parish, or in any manner interfering with him in'the discharge of his duties as such priest therein.
“ (b) From in any manner interfering with said Richter and Matkowski, or either of them, in their right to take and enjoy possession of said church building, parochial residence, or school buildings, situate on and occupying block 22, above described, or any part or portion thereof, or of said premises, and all appurtenances thereto.
“(c) From in any manner, either by force, threats, in*578 timidation, menace, or violence, exercising any acts of ownership or possession over or to, or of attempting to exercise any right of control over orto, said church building, parochial residence, or school buildings, situate on said described premises, or any part or parcel thereof, or from securing the gates or entrances to said premises with chains, locks, or fastenings, or from maintaining any guard or watch over said premises, or from interfering with complainants, or either of them, in the right of ingress and egress thereto and therefrom, or in the right of possession thereof.
“(d) From in any manner interfering with said Richter or Matkowski in their right to hold continued possession of said church building and premises, and conduct services, religious or otherwise, connected with the discharge of their several duties as bishop and priest therein, at any and all times, or from in any manner interfering with or interrupting the conduct of such services, or of the school conducted and carried on in connection with such parish.
“(e) From in any manner entering upon said premises, or any part or parcel thereof, at any time, or from offering to do or doing any violence or injury thereto, or despoiling or destroying the same, or the said several buildings situate thereon, or any part thereof, or from in any manner, either by threats, menace, force, solicitation, or persuasion, inducing any other person to commit any trespass thereon, or to offer or to cause any injury thereto.
“(/) From unlawfully gathering or collecting in assemblages, crowds, or groups of persons at, near, or on said premises, or in the streets or alleys adjoining or contiguous thereto, or from holding meetings intended, designed, or purposed to inflame the minds and prejudices of said defendants, and induce them, or any of them, to commit acts of violence against complainants, or any of them, or the said premises and property so described as aforesaid.”
This bill was answered by defendants, and some time thereafter Matkowski left the parish, and assumed charge of the parish at Cheboygan, and one Bogacki was appointed by the bishop as priest of the parish, and took possession of the church property, and commenced to minister to the congregation. Shortly after this, the old controversy broke out again. A riotous assembly gathered in front of the parochial residence. A breach of the peace
“The peculiar character of the possession by the church trustees, and of the use by the pastor and congregation, makes it clear that a mere action in ejectment would be quite inadequate as a remedy to secure the complainant trustees, and those whom they represent, the same peculiar possession and use for them. The writ of injunction is well adapted to prevent an unlawful intrusion in the pulpit by the pastor, and an unlawful use by the congregation, against all of whom it would be obviously impracticable to institute proceedings in ejectment.”
See, also, 2 Beach, Inj. § 917; Trustees, etc., of New Elm v. Hoessli, 13 Wis. 348; 1 High, Inj. § 714.