Opinion

Magnolia Petroleum Co. v. Jackson

  • 82 S.W.2d 1011
  • 1935 Tex. App. LEXIS 514
Court
Court of Appeals of Texas
Filed
May 9, 1935
Status
Published
On the bench
Higgins
Cited by
1 cases
Authority
More cited than 12.3%

The opinion

On Rehearing.

In motion for rehearing appellees cite’ Brown v. Clark, 102 Tex. 323 , 116 S. W. 360 , 24 L. R. A. (N. S.) 670, in support of the view that the action of the superior church authorities of the Methodist Episcopal Church South in recognizing Fair Chapel Church as the successor of Marvin’s Chapel Church is conclusive and binding upon the courts.

In the case cited the evidence upon the issue was fully developed. In the present case the evidence of such recognition by the higher church authorities is very meager. As stated in the main opinion, such recognition is inferable, but it does not necessarily follow. Furthermore, in Brown v. Clark the evidence was fully developed showing the jurisdiction and authority of the General Assembly of the Presbyterian Church over the issue in controversy. Such is not the case here. Upon retrial, evidence perhaps may be produced conclusively showing such recognition by the higher tribunals of the Metho *1017 dist Church and their authority to decide the issue here involved so as to bring the case within the ruling in the case cited. The present record is insufficient for such purpose.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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