Shumaker v. Borough of Dalton

WATSON, District Judge.

This is an action to restrain the borough of Dalton, Pa., and its officers, from enforcing an ordinance forbidding the burial of the dead within certain described territory within the limits of the borough of Dalton.

The Dalton Cemetery Association, one of the plaintiffs, was incorporated by a decree of the court of common pleas of Lackawanna county, Pa., February 8, 1886. It had charge and control of a cemetery known as the “Shumaker Cemetery,” located in the borough of Dalton. All of the burial lots were sold many years ago, and the Dalton Cemetery Association was, and…