Olive Cemetery Co. v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 41. Case stated wherein the City of Philadelphia, to the use, &c., was plaintiff, and the Olive Cemetery Company defendant.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 41. Case stated wherein the City of Philadelphia, to the use, &c., was plaintiff, and the Olive Cemetery Company defendant. The case as stated disclosed the following facts: That the Cemetery Company was incorporated by the Act of the oth of February 1849, the third section of which provided as follows: “ That no street, lane or road shall hereafter bo opened through the said tract occupied as a cemetery, without the consent of a majority of the lot-holders; and the same, when used as a place of…
1Opinion of the CourtJustice Sterrett
The Olive Cemetery Company was incorporated by Act of February 5th 1849, for the purpose of establishing and maintaining a cemetery on a certain tract of land situated on the north side of Lancaster avenue, in the county, now city of Philadelphia, containing about ten acres and twenty-two perches. The third section of the act declares, “ That no street, lane or road shall hereafter be opened through the said tract occupied as a cemetery, without the consent of a majority of the lot-holders; and the same, when used as a place of sepulchre, shall be exempt from taxation, excepting for state…
2Cases cited1 opinion
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
3Cited by25 opinions
- Southwest Delaware County Municipal Authority v. Aston TownshipSupreme Court of Pennsylvania · 1964
- City & County of Denver v. TihenSupreme Court of Colorado · 1925
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Pittsburg v. Sterrett Subdistrict SchoolSupreme Court of Pennsylvania · 1903
- Mt. Pleasant Bor. v. Balt. & O. R.Supreme Court of Pennsylvania · 1891
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