89 N.J.L. 397 | N.J. | 1916
The opinion of the court was delivered by
The trustees of the Bethel African Methodist Episcopal Church of Jersey City is a corporation wilder the act to incorporate associations not for pecuniary profit. Fo by-laws were ever adopted, but it seems to have been the custom to elect trustees on the 31st day of August in each year. At any rate it is proved and undisputed that such an election was held August 31st, 1915, and there is no suggestion that that election was invalid. By the statute these trustees held office, in the absence of any by-laws to the contrary, for one year and until their successors should be elected. Dissensions arose and the faction represented by the relators gave notice of a meeting on July 27th for the purpose of amending the certificate of incorporation, so as to change the name ánd the number of trustees. The faction supporting the pastor gave notice of a meeting on that day for the election of trustees to serve for one year from that date. Which notice was given first is not proved, nor do I think it material. A notice was also given by the relator’s faction for a meeting to elect trustees on August 31st. Trustees were elected at the meeting of July 27th, and are made defendants to the present application. Whether an election was held on August 31st does not definitely appear, but I assume none was held since the relators now apply for a mandamus to compel the holding of an election for trustees. The relators seek a writ of mandamus to compel the individual defendants as trustees de facto to call an election.
It is clear that the real question involved is the title of the individual defendants to the office of trustees. It is not denied that ordinarily the title to office in a private corporation must be tested by quo warranto. The relators urge that this ease involves only a question of law amd is so clear that