Legal Opinion

Tuigg v. Treacy

Supreme Court of Pennsylvania

Decided November 2, 1883PublishedCited by 11 opinions

Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term 1883, No. 157. Assumpsit, by Rev. James Treaey against Rt. Rev. John Tuigg, trustee of St. Bridget’s Roman Catholic Church, Pittsburgh, with notice to Rev. Jerome Kearney, pastor or quasi pastor of the same, and John McFarren, M. J. Farrell, Iiugb Dorris, John Brown, and others, members of said church.

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Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term 1883, No. 157. Assumpsit, by Rev. James Treaey against Rt. Rev. John Tuigg, trustee of St. Bridget’s Roman Catholic Church, Pittsburgh, with notice to Rev. Jerome Kearney, pastor or quasi pastor of the same, and John McFarren, M. J. Farrell, Iiugb Dorris, John Brown, and others, members of said church. The plaintiff filed the following affidavit of claim, viz: “ That the plaintiff is a Catholic priest in good standing, now of Rochelle, Ogle county, Illinois; that formerly, to wit, prior to November loth…

1Opinion of the CourtJustice Clark

This being an action of assumpsit, the plaintiff below is only entitled to judgment, upon proof of a contract, expressed or implied. As no express agreement is shown, the only question is whether the law will presume one from the conduct of the parties. .

The St. Bridget’s Church is an unincorporated religious association, comprised of Roman Catholics residing in the city of Pittsburgh, within certain parish limits, prescribed by the bishop of the diocese, and, although others are either named as defendants, or have notice of this proceeding, St. Bridget’s Church only is affected by the…

2Cited by11 opinions

  1. Krecker v. ShireySupreme Court of Pennsylvania · 1894
  2. R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
  3. Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
  4. Ashinsky v. LevensonSupreme Court of Pennsylvania · 1917
  5. Furmanski v. IwanowskiSupreme Court of Pennsylvania · 1919

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