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TATE v. WALKER MEM'L BAPTIST CHURCH

282 A.D. 675 (1953)

James W. Tate, Respondent, v. Walker Memorial Baptist Church et al., Defendants, and Vincent Bowen et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 19, 1953.

Orders unanimously affirmed, with $20 costs and disbursements to the respondent.

Under the ruling of the Court of Appeals with regard to this particular church (Walker Memorial Baptist Church v. Saunders, 285 N.Y. 462) the proper procedure for the removal of a minister is by action of the corporate body and not by the trustees alone. Plaintiff is willing and of course must abide by the action of the congregation. To avoid the difficulties now being experienced...

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