Legal Opinion

Wolf v. Commonwealth ex rel. Schleiffer

Supreme Court of Pennsylvania

Decided July 7, 1870PublishedCited by 4 opinions

Error to the Court of Common Pleas of Philadelphia: Of July Term 1870, No. 212. The proceedings in the court below, which commenced July 21st 1869, were by the Commonwealth, ex relatione Abraham Schleiffer, against John E. Wolf, Jacob Ihrig and Adam Ihrig, Trustees, &c., of Columbus Grove, of the United Ancient Order of Druids.

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Error to the Court of Common Pleas of Philadelphia: Of July Term 1870, No. 212. The proceedings in the court below, which commenced July 21st 1869, were by the Commonwealth, ex relatione Abraham Schleiffer, against John E. Wolf, Jacob Ihrig and Adam Ihrig, Trustees, &c., of Columbus Grove, of the United Ancient Order of Druids. The proceedings were in the first instance originated by a case stated, in which Schleiffer individually was the plaintiff against the same defendants. In order to give the court jurisdiction, it was agreed that proceedings by mandamus should be substituted, a petition…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

— This anomalous case appeared in the Common Pleas first in the form of a case stated for the opinion of the court. It was then converted into a petition for a writ of mandamus, the case stated to stand as a return to the writ, and thereupon a final judgment was rendered, restoring the plaintiff to his membership in the Columbus Grove, No. 3, of the United Ancient Order of Druids, and awarding payment of his dues in arrear.

The Columbus Grove is an unincorporated association, and does not fall within the jurisdiction of the Court of Common…

2Cited by4 opinions

  1. Manning v. KleinSuperior Court of Pennsylvania · 1896
  2. Neff v. Pennsylvania Daughters of LibertySuperior Court of Pennsylvania · 1916
  3. Commonwealth v. BarnettSupreme Court of Pennsylvania · 1901
  4. Smith v. Becht, Pennsylvania Court of Common Pleas, Dauphin County1925

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