Zernosky v. Kluchinsky
Supreme Court of Pennsylvania
Appeal, No. 7, Jan. T., 1924, by defendants, from decree of C. P. Schuylkill Co., May T., 1922, No. 2, on bill in equity, in case of John Zernosky acting for himself and for the Congregation of St. Joseph’s Lithuanian Roman Catholic Church of Mahanoy City v. Adam Kluchinsky et al. claiming to be Trustees of St. Joseph’s Lithuanian Roman Catholic Church of Mahanoy City. Bill for injunction. Before Bechtel, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 7, Jan. T., 1924, by defendants, from decree of C. P. Schuylkill Co., May T., 1922, No. 2, on bill in equity, in case of John Zernosky acting for himself and for the Congregation of St. Joseph’s Lithuanian Roman Catholic Church of Mahanoy City v. Adam Kluchinsky et al. claiming to be Trustees of St. Joseph’s Lithuanian Roman Catholic Church of Mahanoy City. Bill for injunction. Before Bechtel, P. J. The opinion of the Supreme Court states the facts. Decree for plaintiff. Defendants appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The principal question involved in this appeal is whether the trustees of St. Joseph’s Lithuanian Roman Catholic Church may rent pews without the consent of the priest in charge, and may also prevent those who do not pay pew rent from entering the church to attend services. Other questions are involved, which will be disposed of in the course of the opinion.
At an early date pews were stated to be somewhat “in the nature of heir-looms, as a monument or tombstone in a church, or the coat-armour......there hung up, with......other ensigns of honor......Pews......…
2Cases cited7 opinions
- Krauczunas v. HobanSupreme Court of Pennsylvania · 1908
- French v. Old South Society in BostonMassachusetts Supreme Judicial Court · 1871
- Furmanski v. IwanowskiSupreme Court of Pennsylvania · 1919
- Tuigg v. TreacySupreme Court of Pennsylvania · 1883
- Ryan v. DunzillaSupreme Court of Pennsylvania · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- MacEirinas v. ChesnaSupreme Court of Pennsylvania · 1929
- Trustees of St. George's Lith. Roman Catholic Ch. v. KaralusSuperior Court of Pennsylvania · 1931
- Frey Bros. v. Dougherty, Pennsylvania Court of Common Pleas, Northampton County1925
- Restland Memorial Parks, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 2021