St. John's Church v. Hanns
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. Trespass, by the Church against Hanns, for breaking open its burying ground and burying a member of his family.
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Error to the Common Pleas of Erie county. Trespass, by the Church against Hanns, for breaking open its burying ground and burying a member of his family. The defendant claimed a right to bury there under the following sections of the Articles of Association, agreed on in 1835:— “ Article 4. And each German, that has hereunto subscribed and paid, shall have a right to the burying ground and church for himself and family; hut no one shall have a right to sell his right, and all those that have subscribed for the land and church to be built thereon, and also help to support the preacher, shall…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The defendant can have no pretence of right unless it is given by the sixth article. But certainly that propounds the rule and privileges of membership. On paying his dollar he could become a member, and then, as such, he would be entitled to use the burying ground. He bought no burying lot; but when he became a member he acquired a member’s rights. But these necessarily depend upon the rules of the church, which are essentially alterable. To be a member he must perform a member’s duties, as they are from time to. time prescribed by the…
2Cited by3 opinions
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- Brnilovich v. St. George Independent Serbian Orthodox Church of PittsburghSupreme Court of Pennsylvania · 1937
- Newark Athletic Club v. Board of AdjustmentSupreme Court of New Jersey · 1929