Rector, Churchwardens & Vestrymen of Christ's Church v. Collett

Headnote

Reliqious corporations ■— injunction — order restraining clergyman from entering upon property of church and officiating as minister.

Rector, etc., of Christ’s Church, Pelham, v. Collett, 208 App. Div. 695 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 11, 1924, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action involves the right of the defendant, as a minister

of the Protestant Episcopal church, to enter upon and hold church property and officiate therein as such a minister after the expiration of the term for which it is claimed by the plaintiff the defendant was employed. The Special Term rendered a judgment in favor of the plaintiff upon the merits, after trial, enjoining and restraining the defendant from performing ministerial functions in said church, from entering upon the property of said church for the purpose of officiating at said church as minister, and from interfering with the plaintiff and its rector in conducting divine worship and other religious work in said church.