Legal Opinion

Craig v. First Presbyterian Church

Supreme Court of Pennsylvania

Decided January 6, 1879PublishedCited by 59 opinions

Certiorari to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1877, No. 266. The proceedings in the court below commenced by a petition on the part of the Trustees of the First Presbyterian Church of Pittsburgh, asking the court for a decree to remove the remains of the dead from a portion of the burial-grounds of said church. The facts, in substance, were these: On May 19th 1874, the General Assembly passed “An act (Pamph.

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Certiorari to the Court of Quarter Sessions of Allegheny county: Of October and November Term 1877, No. 266. The proceedings in the court below commenced by a petition on the part of the Trustees of the First Presbyterian Church of Pittsburgh, asking the court for a decree to remove the remains of the dead from a portion of the burial-grounds of said church. The facts, in substance, were these: On May 19th 1874, the General Assembly passed “An act (Pamph. L. 208) relative to burial-grounds and cemeteries in incorporated boroughs,” which authorized the Courts of Quarter-Sessions “to make such…

1Opinion of the CourtJustice Paxson

It was provided by the first section of the Act of 18th of April 1877, Pamph. L. 54, “ That -when by the growth of cities and the opening of incorporated cemeteries in the vicinity thereof, or from other causes, any burial-ground belonging to or in charge of any religious society or church, directly or through trustees therefor, has ceased to be used for interments, the courts of Quarter Sessions of the several counties of this Commonwealth, upon petition of the managers, officers or trustees of such society or church, setting forth that the erection, extension or improvement of buildings for…

2Cases cited1 opinion

  1. Presbyterian Congregation v. JohnstonSupreme Court of Pennsylvania · 1841

3Cited by59 opinions

  1. Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
  2. Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
  3. Munce v. O'HaraSupreme Court of Pennsylvania · 1940
  4. Schlichter v. KeiterSupreme Court of Pennsylvania · 1893
  5. Heuchert v. State Harness Racing CommissionSupreme Court of Pennsylvania · 1961

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