William H. Weber, et al v. L.F. Zimmerman
22 Md 156
CASE SUMMARY
PROCEDURAL POSTURE: Defendants, a church and its president and secretary, appealed from a judgment of the Superior Court of Baltimore City (Maryland) entered on a jury
verdict in favor of plaintiff pastor, who sought a writ of mandamus to compel defendants to reinstate him into the position of pastor of defendant church.
OVERVIEW: The pastor charged that defendants improperly removed him from his post and sought a writ of mandamus to compel reinstatement. After a jury in the superior court
ruled in his favor, defendants appealed, but the court affirmed. In so ruling, it first noted that it was obliged to limit itself to the questions raised in and decided by the superior court. It
then
held that the superior court ruled properly in excluding various items offered by defendants including a notice of a meeting of the congregation because the notice did not comply with the
requirements of the constitution that governed the church. Second, without regard to the provisions of the church's own constitution, the court found that as the pastor of the church, the
pastor was considered a corporator under 1802 Md. Laws 111 and could not be amoted unless notice was given to all members of the congregation. The court thereupon found that
while notice was given, it did not state that an item of business at the meeting was the proposed amotion of the pastor and thus was invalid. Finally, because the jury was properly
instructed and because there were no errors in evidentiary rulings, the judgment was proper.
OUTCOME: The court affirmed the judgment of the superior court entered on the jury verdict as well as the ensuing order issuing a writ of mandamus compelling the reinstatement
of
the pastor.
Appellate Court Records:
COURT OF APPEALS (Docket) William H.
Weber, et al v. L.F. Zimmerman, 1864, June Term, no. 235, p. 218 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) William H.
Weber, et al v. L.F. Zimmerman, 1864, June Term, no. 235 [MSA S393-20, 1/65/12/62].
Trial Court Records:
BALTIMORE CITY SUPERIOR COURT
(Cases Instituted) William H. Weber, et al v. L.F. Zimmerman, 1864, p. 79, "box R no. 41" [MSA C1497-14, 2/16/10/72].
BALTIMORE CITY SUPERIOR COURT
(Civil Court Papers) William H. Weber, et al v. L.F. Zimmerman, 1864, box no. 21, "box R no. 41" [MSA T591-68, 2/19/8/30].
Second Appeal
William H. Weber, et al v. L.F. Zimmerman
23 Md 45
CASE SUMMARY
PROCEDURAL POSTURE: The court considered the motion of appellee church representative to supersede and quash a peremptory writ of mandamus and an attachment for
contempt
issued by the court to restore appellant former pastor to his office and functions as the minister of a certain evangelical church in an appeal of a judgment of the Superior Court of
Baltimore City (Maryland).
OVERVIEW: Upon his contention that he was improperly removed from his position as the church's minister, the former pastor secured the court's issuance of a peremptory writ of
mandamus to restore him to his office and functions. The writ was served only upon the church representative, who failed to promptly return the writ. In answer to the court's attachment
for contempt, the representative moved to quash the mandamus and discharge the attachment upon the ground that, since the writ had been issued, the pastor had been formally and
properly expelled from the church and synod and was thus disqualified from holding the office of minister under the church's charter. Further, a circuit court had enjoined the pastor from
entering the church's pulpit or interfering with the minister now in charge of the church's congregation. While finding that the circuit court had no jurisdiction or authority to issue the
injunction against the pastor in direct contravention of the writ, the court set aside the writ and quashed the attachment by finding that, as the pastor had been disqualified from holding the
office of minister after the writ had been issued, the writ could no longer be executed.
OUTCOME: The court set aside the peremptory writ of mandamus and quashed the attachment without prejudice to the right of the former pastor to renew, in the superior court,
his
application for a writ and for a trial of the facts before a jury.
Appellate Court Records:
COURT OF APPEALS (Docket) William H.
Weber, et al v. L.F. Zimmerman, 1865, April Term, no. 230, p. 327 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) William H.
Weber, et al v. L.F. Zimmerman, 1865, April Term, no. 230 [MS S393-21,1/65/12/63].
COURT OF APPEALS (Briefs) William H.
Weber, et al v. L.F. Zimmerman, 1865, April Term, no. 230 [MSA S375-39, 1/64/13/8].
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