Derry Council No. 40 v. State Council
Supreme Court of Pennsylvania
Appeal, No. 14, May T., 1900, by defendants, from decree of C. P. Dauphin Co., No. 260, in equity, in case of Derry Council No. 40, Jr., Order United American Mechanics of Hummelstown, Pennsylvania, by its Trustees, H. Wells Buser, George Spidle and Stauffer Stephenson, v. The State Council of Pennsylvania, Junior Order United American Mechanics, and the National Council of the Junior Order United American Mechanics of the United States of North America.
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Appeal, No. 14, May T., 1900, by defendants, from decree of C. P. Dauphin Co., No. 260, in equity, in case of Derry Council No. 40, Jr., Order United American Mechanics of Hummelstown, Pennsylvania, by its Trustees, H. Wells Buser, George Spidle and Stauffer Stephenson, v. The State Council of Pennsylvania, Junior Order United American Mechanics, and the National Council of the Junior Order United American Mechanics of the United States of North America. Bill in equity to restrain the collection of a per capita tax levied upon the members of an incorporated beneficial society. The facts are…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The injunction in this case was awarded solely on the ground that the action of the National Council of the Junior Order of United American Mechanics of the United States of North America, in levying the per capita tax at Minneapolis in 1899, was null and void. The court below so concluded, because, in its judgment, the levying of the tax was a corporate act by the body, which, having been incorporated in this state under our corporation act, had no power to do a corporate thing—that is, something relating to or concerning its existence—beyond the limits of the…
2Cases cited7 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. Keokuk & Hamilton Bridge Co.Supreme Court of the United States · 1889
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Commonwealth v. Standard Oil Co.Supreme Court of Pennsylvania · 1882
- Miller v. EwerSupreme Judicial Court of Maine · 1847
- Smith v. Silver Valley Mining Co.Court of Appeals of Maryland · 1885
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- Commonwealth v. HeilmanSupreme Court of Pennsylvania · 1913
- Sovereign Camp of the Woodmen of the World v. A. E. & F. W. FraleyTexas Supreme Court · 1900
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