Zion Church v. St. Peter's Church
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Chester county. This was an action of partition for a tract of land in Chester county, brought by The Minister, Trustees, &c. of St. Peter’s Church, against The Minister, Trustees, &c. of Zion Church. There was no averment in thenarr. that, the plaintiffs were a corporation, nor did it set out the date or title of the Act incorporating them. The summons was not served upon the minister of Zion Church.
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ERROR to the Common Pleas of Chester county. This was an action of partition for a tract of land in Chester county, brought by The Minister, Trustees, &c. of St. Peter’s Church, against The Minister, Trustees, &c. of Zion Church. There was no averment in thenarr. that, the plaintiffs were a corporation, nor did it set out the date or title of the Act incorporating them. The summons was not served upon the minister of Zion Church. The defendants requested the court to charge upon the following points: 1. It is necessary for the plaintiffs to aver in the declaration that they are a corporation,…
1Per curiam
No precedent of an averment of incorporation, or of a proferí of the charter, has been produced in any declaration by a corporation; nor is there a reason why there should be one. Unlike a bond or a grant of administration, it is no part of the title to sue, any more than an act of baptism is part of such a title. Nothing but a deed or grant of administration is pleaded with a proferí, and oyer cannot be demanded of a private statute even when a proferí has been made of it. The name, in this instance, imports that the plaintiff is a body politic; and had the fact been otherwise, the defendant…
2Cited by16 opinions
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- Poor v. ColburnSupreme Court of Pennsylvania · 1868
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