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Green v. Young Zion Baptist Church

Green v. Young Zion Baptist Church, 109 S.E. 517 (Ga. Ct. App. 1921)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 16, 1921
Docket
No. 12598
Judges
Luke
Citations
109 S.E. 51727 Ga. App. 5721921 Ga. App. LEXIS 273
Summary
Foreclosure of lien; from Kichmond superior court — Judge Henry C. Hammond. May 17, 1931. The petition names as defendant “the Young Zion Baptist Church,” and alleges that “defendant is a Baptist church of said State and county.” The demurrer is upon the grounds, among others, that “there are no proper parties defendant,” and that the petition “ does not allege that defendant is a corporation, or, if not a corporation, name the members who compose the partnership.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Luke

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Luke, J.

“No action can be maintained against a religious society when sued as such, when such society has not been incorporated, nor had recorded its name and objects as provided by law. The members of such society are liable on its contracts as joint promisors or partners.” Thurmond v. Cedar Spring Baptist Church, 110 Ga. 816 ( 36 S. E. 221 ), and cases cited. It was not error for the court to dismiss the plaintiff’s petition upon the grounds of demurrer urged.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

T. S. Lyons, for plaintiff. C. H. & R. S. Cohen, for defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 219382026peak 1938 · 2

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Authorities cited 1

DepthCaseCited by
Thurmond v. Cedar Spring Baptist Church, 36 S.E. 221 (Ga. 1900) 14

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