Society of the Cincinnati's Appeal
Supreme Court of Pennsylvania
Appeal, No. 315, Jan. T., 1893, by the State Society of the Cincinnati of Pennsylvania, from decree of C. P. No. 1, Phila. Co., March T., 1880, No. 357, refusing to modify decree previously entered. Petition for modification of decree.
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Appeal, No. 315, Jan. T., 1893, by the State Society of the Cincinnati of Pennsylvania, from decree of C. P. No. 1, Phila. Co., March T., 1880, No. 357, refusing to modify decree previously entered. Petition for modification of decree. The petition of the Society of the' Cincinnati averred: “ On the thirtieth day of April, 1880, your petitioners presented their petition to your honorable court, setting forth, inter alia, that there had been then collected and in the hands of the petitioners, the sum of one hundred and thirty-seven thousand dollars, more or less, for the purpose of the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a petition of trustees to remove an apparent bar to the exercise of their control over the subject-matter which was vested in them at the inception of the trust, and which they claim they have never intentionally surrendered, nor been legally deprived of. It is in effect a bill of review for the restoration of the trust to its true position according to its original terms, from which it has been improvidently if not unintentionally diverted. Such a bill is clearly the subject of appeal.
The first fact to be noted is that there is no one opposing the…
2Cases cited1 opinion
- Soohan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1859
3Cited by7 opinions
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- Spangler v. LeitheiserSupreme Court of Pennsylvania · 1897
- Webb v. DunnCourt of Appeals of Kentucky · 1923
- Congregation of Sisters of St. Joseph v. GlassellSupreme Court of Louisiana · 1945
- Yoho v. Allegheny CountySupreme Court of Pennsylvania · 1907
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