Dyer
Dyer v. Superior Court
Opinion
Lead Opinion
Thompson, J.
Everyone who has had occasion to study the nature and character of the controversy which gives rise to the present proceeding, must regret that it ever reached the civil courts. Dissensions among members of a religious body are first to be deplored, but it is more distressing to realize that the sensibilities have been so far excited that means have not been found within the ecclesiastical domain to .bring about an amicable adjustment of the disputes. Such, however, is the nature of the judicial calling that although we may be grieved by the consciousness that a body of Christians have been so agitated as to reach to the secular courts for relief from their distress, yet the approach to the problems presented must be with the hope that the principles of justice when applied to the situation cannot fail to be of some benefit to those involved in pointing the way out of the present difficulties.
There are pending in the respondent court two actions, the one entitled W. F. Fliedner et al. v. Mark A. Pierce et al., wherein it is sought by the plaintiffs to have it adjudged that they are the trustees of the Wilshire Boulevard Congregational Church and that the defendants who claim to…