Advocates of mixed seating in the formerly Orthodox Chevra Thillim Synagogue here, planned today to appeal to the State Supreme Court for a writ of certiorari which would have the effect of holding up a temporary injunction against mixed seating issued earlier this week in civil district court by Judge Frank J. Stitch. The higher court will be asked to accept jurisdiction in the case.
Judge Stitch issued his injunction after eight days of hearing argument by both sides for and against mixed seating. In a 15-page verdict he said he had accepted jurisdiction in the case because “a trust and donation was shown to exist.”
The court pointed out that “this case belongs to a class, happily rare in our courts, involving a religious controversy, and that, ordinarily, courts will not pass upon questions involving ecclesiastical matters unless a trust and donation, a civil right, is involved.”
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