{ "id": 8570887, "name": "REVEREND JAMES R. WALKER, JR., Assistant Pastor and Member of the FIRST BAPTIST CHURCH OF ROANOKE RAPIDS, and as the Duly Appointed and Acting Moderator and Presiding Officer of Official Church Business Conferences, Plaintiff v. REVEREND McKINLEY NICHOLSON, Defendant", "name_abbreviation": "Walker v. Nicholson", "decision_date": "1962-10-10", "docket_number": "", "first_page": "744", "last_page": "748", "citations": [ { "type": "official", "cite": "257 N.C. 744" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "91 S.E. 2d 919", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "243 N.C. 695", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626932 ], "opinion_index": 0, "case_paths": [ "/nc/243/0695-01" ] }, { "cite": "101 S.E. 2d 809", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "247 N.C. 648", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628171 ], "opinion_index": 0, "case_paths": [ "/nc/247/0648-01" ] }, { "cite": "110 S.E. 2d 278", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "250 N.C. 681", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625761 ], "opinion_index": 0, "case_paths": [ "/nc/250/0681-01" ] }, { "cite": "122 S.E. 2d 761", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "256 N.C. 56", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570895 ], "opinion_index": 0, "case_paths": [ "/nc/256/0056-01" ] }, { "cite": "84 S.E. 2d 337", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "241 N.C. 109", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8602955 ], "opinion_index": 0, "case_paths": [ "/nc/241/0109-01" ] }, { "cite": "72 S.E. 2d 662", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "236 N.C. 308", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625251 ], "opinion_index": 0, "case_paths": [ "/nc/236/0308-01" ] }, { "cite": "53 S.E. 2d 455", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "230 N.C. 505", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630752 ], "opinion_index": 0, "case_paths": [ "/nc/230/0505-01" ] }, { "cite": "118 S.E. 2d 402", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "254 N.C. 148", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8624744 ], "opinion_index": 0, "case_paths": [ "/nc/254/0148-01" ] }, { "cite": "145 N.C. 400", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11253519 ], "opinion_index": 0, "case_paths": [ "/nc/145/0400-01" ] }, { "cite": "105 S.E. 2d 411", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "249 N.C. 96", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8608543 ], "opinion_index": 0, "case_paths": [ "/nc/249/0096-01" ] }, { "cite": "26 A.L.R. 2d 1240", "category": "reporters:specialty", "reporter": "A.L.R. 2d", "opinion_index": 0 }, { "cite": "132 S.E. 274", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "191 N.C. 515", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630065 ], "opinion_index": 0, "case_paths": [ "/nc/191/0515-01" ] }, { "cite": "84 S.E. 2d 176", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "240 N.C. 667", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8609041 ], "opinion_index": 0, "case_paths": [ "/nc/240/0667-01" ] }, { "cite": "124 S.E. 2d 520", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "256 N.C. 555", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573966 ], "opinion_index": 0, "case_paths": [ "/nc/256/0555-01" ] }, { "cite": "38 L.R.A. 687", "category": "reporters:federal", "reporter": "L.R.A.", "opinion_index": 0 }, { "cite": "50 Pac. 70", "category": "reporters:state_regional", "reporter": "P.", "opinion_index": 0 }, { "cite": "5 Okla. 809", "category": "reporters:state", "reporter": "Okla.", "case_ids": [ 8879777 ], "opinion_index": 0, "case_paths": [ "/okla/5/0809-01" ] }, { "cite": "124 S.E. 2d 533", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "256 N.C. 541", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573823 ], "opinion_index": 0, "case_paths": [ "/nc/256/0541-01" ] } ], "analysis": { "cardinality": 510, "char_count": 10113, "ocr_confidence": 0.547, "pagerank": { "raw": 1.6019589448382173e-07, "percentile": 0.684040459501693 }, "sha256": "156455e36c3021519c4129f30a5936572733a39f350439269b3a4940863e7911", "simhash": "1:2e0296c2a79df4a3", "word_count": 1690 }, "last_updated": "2023-07-14T20:02:42.075591+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "REVEREND JAMES R. WALKER, JR., Assistant Pastor and Member of the FIRST BAPTIST CHURCH OF ROANOKE RAPIDS, and as the Duly Appointed and Acting Moderator and Presiding Officer of Official Church Business Conferences, Plaintiff v. REVEREND McKINLEY NICHOLSON, Defendant." ], "opinions": [ { "text": "Rodman, J.\nDetermination of the appeal depends on the answers to these questions: Do the allegations establish a defective cause of action? If so, the court was correct in dismissing the action. Parrish v. Brantley, 256 N.C. 541, 124 S.E. 2d 533. Is the complaint defective because of the failure to allege some essential fact? If so, the action should not be dismissed but an opportunity should be given to amend the pleading by alleging the additional essential fact. G.S. 1-131; Parrish v. Brantley, supra.\nPlaintiff has not complied with G.S. 1-122(2). The complaint is not a \u201cplain and concise statement of the facts constituting a cause of action.\u201d It is a mixture of asserted facts and conclusions.\nSummarized, the complaint alleges these facts: Plaintiff is assistant pastor of the First Baptist Church of Roanoke Rapids. It is his duty, in the absence of the pastor, to preside at business meetings of that church. He was presiding at such a meeting on Friday, 20 October 1961. Defendant is a resident of Weldon and is pastor of several churches in Northampton and Halifax Counties, but has no connection with the First Baptist Church of Roanoke Rapids. On the night of 20 October 1961 defendant came to the First Baptist Church of Roanoke Rapids, interfered with plaintiff in the performance of his duties as presiding officer and \u201cattempted to preside at said business meeting. . . (and) attempted to 'SILENCE\u2019 the plaintiff. . .\u201d\nSecs. 5 and 6 of the complaint read as follows:\n\u201c5. That the said ministerial interference with the assigned duties of the plaintiff and in the internal affairs of the First Baptist Church by the defendant, destroys the Gospel Order and purposes of the Church and makes it impossible for the Church to discipline rebellious members and also makes it impossible to protect and preserve the law and order of the Church; that said interference by the defendant, if continued, would split the membership of the Church and weaken the influence of the Church in performing its function in the community; that said conditions cause irreparable harm to the Church and will be continued by the defendant unless restrained and enjoyed by this Court.\n\u201c6. That the plaintiff seeks an injunction and a restraining order against the defendant, restraining and enjoining the defendant from assuming pastoral authority at the First Baptist Church of Roanoke Rapids, N. C. or the moderatorship or presiding officer at the Church\u2019s business meetings or interfering with the rights, duties and privileges of the plaintiff as a member of the Church and as presiding officer of the business meetings of the Church, so long as the defendant is not Pastor of said Church or a member of said Church.\u201d\nThe prayer of the complaint is for injunctive relief restraining \u201cdefendant from assuming pastoral authority at the First Baptist Church of Roanoke Rapids, N. C. or the moderatorship or presiding officer at the Church\u2019s business meetings or interfering with the rights, duties and privileges of the plaintiff as a member of the Church and as Presiding Officer of the business meetings of the Church, so long as the defendant is not Pastor of said Church or a member of said Church.\u201d\nOne becomes pastor of a church pursuant to a contract made with the person or body having the authority to employ. First Presbyterian Church v. Myers, 5 Okla. 809, 50 Pac. 70, 38 L.R.A. 687; 76 C.J.S. 794; 45 Am. Jur. 740. When a stranger interferes and prevents performance of a contract, either party to the contract may maintain an action against the stranger for the damages sustained by him or it. Fowler v. Insurance Co., 256 N.C. 555, 124 S.E. 2d 520; Childress v. Abeles, 240 N.C. 667, 84 S.E. 2d 176; Elvington v. Shingle Co., 191 N.C. 515, 132 S.E. 274; Anno. 26 A.L.R. 2d 1240. The right of action accrues because of the wrong done plaintiff; he cannot maintain an action to redress a wrong done the other party to the contract. G.S. 1-57; Sanitary District v. Lenoir, 249 N.C. 96, 105 S.E. 2d 411; Taylor v. R.R., 145 N.C. 400.\nIt is, we think, apparent from the quoted allegations that plaintiff seeks to redress the asserted wrong done the church. To redress that wrong the church must bring the action. Collins v. Simms, 254 N.C. 148, 118 S.E. 2d 402; G.S. 1-69.1.\nThe complaint, when liberally construed, also alleges a wrongful interference with plaintiff in the performance of his contractual obligation. Plaintiff would be entitled to recover such damages as resulted from such interference, but plaintiff here neither alleges nor seeks damages. He seeks only equitable relief \u2014 a restraining order.\nThe only wrongful act alleged relates to a past occurrence. In-junctive relief is not appropriate to redress a completed tortious act. Branch v. Board of Education, 230 N.C. 505, 53 S.E. 2d 455.\nThe concluding clause of sec. 5 of the complaint that the wrongful conduct of the defendant \u201cwill be continued by defendant unless restrained and enjoined\u201d is a mere conclusion of the pleader and not a statement of fact. Wilcher v. Sharpe, 236 N.C. 308, 72 S.E. 2d 662; Thomas & Howard Co. v. Insurance Co., 241 N.C. 109, 84 S.E. 2d 337. Ordinarily money compensation is sufficient to redress wrongs torti-ously inflicted. Equity steps in only when irreparable injury is both real and immediate. Membership Corp v. Light Co., 256 N.C. 56, 122 S.E. 2d 761.\nThe failure to allege facts evidencing an intent on the part of defendant to continue to interfere with plaintiff\u2019s performance of his contract and facts showing that such interference will result in injury not compensable by an award of damages does not warrant a dismissal of his action. He should be given an opportunity to amend his complaint to allege these essential facts. G.S. 1-131; Lumber Co. v. Pamlico County, 250 N.C. 681, 110 S.E. 2d 278; Adams v. College, 247 N.C. 648, 101 S.E. 2d 809.\nA judgment by default cannot be rendered on a complaint which fails to state a cause of action. Even when the complaint states a cause of action, the court, in the exercise of its discretion, may extend defendant\u2019s time to plead. G.S. 1-152; Early v. Eley, 243 N.C. 695, 91 S.E. 2d 919. The court did not err when it refused to render judgment by default.\nThe judgment will be modified to conform with this opinion, and as thus modified it is affirmed.\nModified and affirmed.", "type": "majority", "author": "Rodman, J." } ], "attorneys": [ "Robert L. Harrell, Sr., Samuel S. Mitchell, and James R. Walker, Jr., for plaintiff appellant.", "Crew & Houde for defendant appellee." ], "corrections": "", "head_matter": "REVEREND JAMES R. WALKER, JR., Assistant Pastor and Member of the FIRST BAPTIST CHURCH OF ROANOKE RAPIDS, and as the Duly Appointed and Acting Moderator and Presiding Officer of Official Church Business Conferences, Plaintiff v. REVEREND McKINLEY NICHOLSON, Defendant.\n(Filed 10 October 1962.)\n1. Pleadings \u00a7 19\u2014\nIf the complaint states a defective cause of action the action should be dismissed upon demurrer, but if the complaint merely fails to allege some of the facts essential to a statement of a good cause of action, the action should not be dismissed but plaintiff should be given opportunity to amend. G.S. 1-131.\n3.Religions Societies \u00a7 3\u2014\nA person becomes a pastor of a church pursuant to contract made with the person or body having authority to employ.\n3. Same; Contracts \u00a7 14\u2014\nWhere a third party interferes with the performance of a contract, either party to the contract may maintain an action against him, but each, party\u2019s action must be based upon damages accruing to- himself by reason of such wrongful interference and he may not predicate his action upon damages accruing to the other party to the contract.\n4. Injunctions \u00a7 3\u2014\nInjunction lies to prevent a threatened or imminent injury and it is not appropriate to redress a completed tortious act.\n5. Injunctions \u00a7 3\u2014\nMere averment that defendant will continue his wrongful acts unless enjoined is but a conclusion of the pleader, and is insufficient to support injunctive relief, it being required that plaintiff: allege facts supporting the conclusion of defendant\u2019s intention to continue the commission of the wrongful acts and that such acts will result in injury not com-pensable in money.\n6. Same; Religious Societies \u00a7 2\u2014\nPlaintiff alleged that he is the duly appointed assistant pastor of a named church and that defendant, without any authority, was inter-ferring with plaintiff in the performance of his duties as pastor. Plaintiff alleged facts supporting the conclusion of imminent, irreparable injury to the congregation but not to plaintiff himself, and failed to allege facts supporting the conclusion that defendant intended to continue the wrongful interference with plaintiff\u2019s contractual rights. Held: The complaint fails to state a cause of action for injunctive relief in favor of plaintiff, but plaintiff should be given opportunity to amend his complaint to allege the essential facts omitted.\n7. Judgments \u00a7 13\u2014\nJudgment by default cannot be rendered upon a complaint which fails to state a cause of action.\n8. Pleadings \u00a7 6\u2014\nEven when the complaint states a cause of action, the court, in the exercise of its discretion, may refuse to enter judgment by default for want of an answer and may extend the time for filing an answer, and a fortiori may do so when the complaint contains a defective statement of a good cause of action. G-.S. 1-152.\nAppeal by plaintiff from Copeland, S.J., January 29, 1962 Term of Halifax.\nA verified complaint was filed 25 October 1961. Thereupon summons issued. The summons, with copy of the complaint, was served on defendant on 30 October 1961. At the December 1961 Term of Halifax plaintiff moved for judgment by default for want of an answer or other pleading. Defendant requested an extension of time to answer. The court, in the exercise of its discretion, refused plaintiff\u2019s motion for judgment by default and allowed defendant\u2019s motion for an extension of time to plead. Plaintiff excepted.\nThereafter defendant demurred to the complaint for that it failed to state a cause of action. The demurrer was sustained. Judgment was entered dismissing the action. Plaintiff excepted and appealed.\nRobert L. Harrell, Sr., Samuel S. Mitchell, and James R. Walker, Jr., for plaintiff appellant.\nCrew & Houde for defendant appellee." }, "file_name": "0744-01", "first_page_order": 784, "last_page_order": 788 }