Kincaid's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court oí Allegheny county: In Equity: No. 152, to October and November Term 1869. ¡, This was a bill filed October 1st 1868, by David Boyd and seventy-three other persons against Philip R. Kincaid, Richard Parker and William Yankirk.
Read the full summary
Appeal from the decree of the District Court oí Allegheny county: In Equity: No. 152, to October and November Term 1869. ¡, This was a bill filed October 1st 1868, by David Boyd and seventy-three other persons against Philip R. Kincaid, Richard Parker and William Yankirk. The bill set out that the Methodist Episcopal Church of Pitts-burg, incorporated in January 1884, purchased from John Keating, a lot on the plan of lots on Grant’s Hill, now in the 11th ward, Pittsburg, for a graveyard; that the church laid out the ground in walks, paths, and burial lots, numbering and marking the lots for…
1Opinion of the Court
The opinion of the court was delivered, January 3d.1871, by
Sharswood, J.
— This is an appeal from a decree awarding a preliminary injunction. The motion in the court below was upon *419a bill filed and sworn to, but without any injunction affidavit or affidavits. This is a practice which ought not to be countenanced. The defendant, however, did not take any objection on this account, but put in an answer under oath. Neither bill nor answer is as full as it ought to be; but we may gather from them enough to enable us to decide this appeal.
It appears that in 1884 “ The Methodist Episcopal Church in…
2Cases cited5 opinions
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
- Freligh v. PlattNew York Supreme Court · 1826
- Kellogg v. DickinsonSupreme Court of Vermont · 1846
- Perrin v. GrangerSupreme Court of Vermont · 1860
3Cited by28 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
- Mansker v. AstoriaOregon Supreme Court · 1921
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Baur v. Wilkes-Barre Light Co.Supreme Court of Pennsylvania · 1917
23 more not listed; retrieve them via the Exa API.