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CHAVIS v. NICKERSON

183 N.J. Super. 458 (1982)

444 A.2d 590

JAMES CHAVIS AND OPHELIA CHAVIS, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. WILLIE C. NICKERSON, ROBERT ALEXANDER, JAMES BURWELL, LEROY COLEMAN, THOMAS CRAWFORD, SIMMIE PIPKIN, ELLSWORTH POWELL, PERCY SCHOFIELD, CHARLES WILLIAMS AND SEYMOUR LYEW, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND ALBERT P. ROWE, DEFENDANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1982.

Attorney(s) appearing for the Case

Elwyn Saviet argued the cause for appellants and cross-respondents (Gelman & Gelman, attorneys; Elwyn Saviet and Barry A. Cohen on the brief).

Richard P. Weitzman argued the cause for respondents and cross-appellants (Weitzman, Brady & Weitzman, attorneys).

Before Judges FRITZ, ARD and TRAUTWEIN.

PER CURIAM.

The essence of this appeal centers about the defrocking of plaintiff James Chavis as a deacon of the Calvary Baptist Church. The thrust of plaintiffs' contentions is, in a word, that since Chavis was elected to his deaconship by the membership, the bylaws could not be read so as to permit the deacons to unseat him, and that even were the bylaws not to be interpreted in this fashion, the action of the deacons was for the wrong reason. It is apparent and...

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