Mercersburg College v. Mercersburg Borough
Superior Court of Pennsylvania
Appeal, No. 61, Oct. T., 1912, by deféndant, from decree of C. P. Franklin Co., Equity Docket, Yol. 3, p. 118, on bill in equity in case of Regents of Mercersburg College v. Burgess and Town Council of Mercersburg Borough. •. Before Rice, P. J., Henderson, Morrison, Orlady, Head and Porter, JJ. Bill in equity for an injunction.
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Appeal, No. 61, Oct. T., 1912, by deféndant, from decree of C. P. Franklin Co., Equity Docket, Yol. 3, p. 118, on bill in equity in case of Regents of Mercersburg College v. Burgess and Town Council of Mercersburg Borough. •. Before Rice, P. J., Henderson, Morrison, Orlady, Head and Porter, JJ. Bill in equity for an injunction. Shull, P. J., found the facts and conclusions of law to be as follows: FINDINGS OF FACT. 1. The plaintiff corporation was chartered by decree of court, October 30, 1865, under articles of association as “A college for the education of youth in the learned languages,…
1Opinion of the Court
Opinion by
Hendekson, J.,
That Mercersburg College has the general qualities of a public charity appears from all of the evidence. It had its origin in a charitable foundation and its enlargement by the acquisition of more land and an increased number of buildings was made possible by contributions to promote the education of young men. No one is excluded on account of religious belief or class distinction, and while there is a necessary limit to the capacity of the institution it affords the same opportunity for any boy desiring an education which may be found in any collegiate institution.…
2Cases cited10 opinions
- Donohugh v. Library Co.Supreme Court of Pennsylvania · 1878
- Episcopal Academy v. Phila.Supreme Court of Pennsylvania · 1892
- Philadelphia v. BarberSupreme Court of Pennsylvania · 1894
- Philadelphia v. Women's Christian Ass'nSupreme Court of Pennsylvania · 1889
- Com. ex rel. Greene v. GreggSupreme Court of Pennsylvania · 1894
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3Cited by14 opinions
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- Chevra A.C.A.C. v. Phila.Superior Court of Pennsylvania · 1934
- Bullis School, Inc. v. Appeal Tax CourtCourt of Appeals of Maryland · 1955
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