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SCHUMACHER v. GIEDT

No. 9927.

112 N.W.2d 898 (1962)

Norman SCHUMACHER and Dr. F. A. Miller, Plaintiffs and Respondents, v. Henry GIEDT, Norwin Walz, Albert Berg, Fred Eisenbeisz, Wilbert Blumhardt, and Morris Kurle, as Members of the Church Council of St. John's Evangelical Lutheran Church of Bowdle, South Dakota, a Religious Corporation, and Paul G. Albrecht, Defendants and Appellants, and Otto Bieber, William Haeder and Fred F. Buechler, as Members of said Church Council, Defendants.

Supreme Court of South Dakota.

January 16, 1962.

Attorney(s) appearing for the Case

Agor, Bantz, Siegel & Barnett, Aberdeen, for defendants and appellants.

Campbell, Voas & Richardson, Aberdeen, for plaintiffs and respondents.

RENTTO, Presiding Judge.

This action arose out of a controversy between two factions of a church congregation and involves the possession and use of its property valued at $150,000.

St. John's Evangelical Lutheran Church of Bowdle, South Dakota, established in 1888 is a congregational type of church, owing no allegiance or subservience to any hierarchy. In 1902 it affiliated with the Minnesota Synod of the Lutheran Church. When that Synod merged with the Wisconsin...

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