Sims v. Greene

160 F.2d 512 (1947)

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Nature of the Case

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Facts

P filed a complaint against D alleging that he was assigned by a General Conference of the AME Church held in 1944 to the First Episcopal District to serve as the presiding bishop of that district until the next General Conference to be held in 1948. P alleged that D has proclaimed that he is the presiding bishop of the First District and is attempting to function as such. P sought injunctive relief against D. P claims that his salary and emoluments are threatened as is the administration of the church and its conferences in the district; and that irreparable injury will result to the church, to its property, and to P unless D is enjoined. The court below, ex parte, issued an order restraining D from interfering with P as the presiding bishop of the district. The restraint originally imposed was continued by order for an additional ten days, to expire on December 22, 1946. On December 20 D consented to the restraint being extended until January 14, 1947, and the court made an order to such effect on December 20, 1946. D's answer asserted that P was no longer a bishop of the AME Church because he had been unfrocked and that D had been assigned to the First Episcopal District as its presiding bishop. D asked for injunctive relief against P. On January 13, 1947, the court extended the restraining order without D’s consent until January 24 and proceeded to a hearing on the question of whether or not a preliminary injunction should be granted. Twelve hundred pages of argument, colloquy, and testimony were taken down and have been transcribed. On January 17, at the close of the day, D's counsel made a motion to dissolve the restraint. The court refused and asked D to withhold its motion until it was ready to rule. On January 23, 1947, D appealed to this court from the restraining order and moved for a stay of all proceedings. D argues that the order, issued without his consent, was, in fact, a preliminary injunction that had issued without findings of fact or conclusions of law.