
    Berrian v. The Methodist Society in New York.
    The trustees of a religious corporation, and officers appointed by them, whose elections and appointments were in conformity with the formalities prescribed by the statute, and who have, in fact, acted, and are acting as such, are at least officers de facto, upon whom alone a valid service by process can be made to commence an action against such corporation.
    When an action against such a corporation was commenced in the Superior Court by a service of summons upon persons claiming to be officers, but not in possession of the offices, and the officers de facto, after judgment by default, moved to vacate the judgment and set aside the proceedings, held,
    
    1st. That all the proceedings must be set aside as irregular.
    2d. That the title of the acting trustees could not be investigated on such a motion.
    3d. That if they were claimed to be intruders, the proper proceedings to determine that question, and obtain such an adjudication, and their removal, and a new election in a lawful manner, must be taken and prosecuted elsewhere. That the Superior Court had no jurisdiction of an action or proceedings instituted to obtain such relief.
    (At Special Term,
    May, 1857.
    Before Bosworth, J.)
    Bosworth, J., so held in this case, which is reported in 4 Abb. Pr. R. 424, and made an order vacating all the proceedings, with $10 costs.
     