213. Injunction, Closing Church, Paying Money, Disturbances.—A court of equity will issue an injunction against the trustees of a church from wrongfully closing it or keeping it closed even against a small minority.[382] Church property vested in trustees of a religious body is held under trust and a court of equity has jurisdiction to enforce the trust.[383] A court of equity may restrain the trustees of a church from paying money to a duly deposed minister.[384] But a court of equity will not interfere to quell religious disturbances when no question as to property or civil rights is involved. The board of trustees of a church can not remove a priest against the will of the congregation.[385]
214. Suits, Parties.—Where a number of persons have contributed to the erection of a church, it is not necessary for all who contribute to join in an action to restrain a sale of the property for mercantile purposes.[386] Any member of a church not incorporated may come into a court of equity in behalf of himself and others and enforce the execution of a trust in favor of the church.[387] The same rule would apply to a church [pg 123] where any one in authority is violating the law.[388] If several congregations of a diocese are interested in litigation, to hold all the property of the diocese liable for the debt of a parish, each congregation is entitled to be made a party.[389]
215. Complaint.—A complaint that the plaintiffs hold one doctrinal standard and the defendants another is sufficiently definite without explaining the difference between the two.[390]
216. Church Tribunal, Courts.—Courts are reluctant to interfere in the church doctrine or discipline or inquire into the regularity of the proceedings of the church tribunal. When such tribunal has deposed a pastor or expelled a member, it is final. However, in contracts, property rights, and civil rights of a citizen, the courts take jurisdiction. It is no defense to a pastor's expulsion that there is salary due him.[391]
217. Unincorporated Congregation, Actions, Interest.—An unincorporated congregation may be sued on contract in its associate capacity, though no persons are named [pg 124] as trustees or committeeman.[392] In all actions by or against a congregation the civil courts will not permit suits to be brought by complainants who have no interest either legal or equitable in the temporalities of the church.[393] A suit against a society of Shakers consisting of indefinite membership with changing additions, withdrawals, and deaths, whose property is held in common without any individual interest, may properly be brought in equity as the remedy at law would be inadequate.[394]
218. Blasphemy, Sabbath, Lord's Prayer, Bible.—Christianity is a part of the common law of the United States; it is on this ground that blasphemy and violation of the Sabbath are made criminal offenses and that the Lord's Prayer and the Bible are used in the schools.[395]
Chapter XVIII. Evidence
219. Judicial Notice.—A church takes judicial notice without proof of its own rules, laws, and doctrines. Every other fact should be proved according to the rules of evidence of the church, and in the absence of a church rule the following rules of the courts of this country should prevail: