Brooks v. Hastings
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1899, by plaintiff, from decree of C. P. Erie Co., Feb. T., 1899, No. 2, dismissing bill in equity. Bill in equity for an injunction. The facts were found by Walling, P. J., to be as follows: 1. The Pennsylvania Soldiers’ and Sailors’ Home was organized under Act of Assembly of June 3, 1885, P. L. 62, the 6th section of which was amended by the Act of May 4,1893, P. L. 30, and is supported by state appropriations.
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Appeal, No. 127, Jan. T., 1899, by plaintiff, from decree of C. P. Erie Co., Feb. T., 1899, No. 2, dismissing bill in equity. Bill in equity for an injunction. The facts were found by Walling, P. J., to be as follows: 1. The Pennsylvania Soldiers’ and Sailors’ Home was organized under Act of Assembly of June 3, 1885, P. L. 62, the 6th section of which was amended by the Act of May 4,1893, P. L. 30, and is supported by state appropriations. The defendants were the legally constituted board of trustees for the management of said home, except William W. Tyson, commander, and Noah W. Lowell,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
When the plaintiff made application for admission to the home, he did so in the exercise of his own volition. He was at liberty to seek admission or to remain outside just as he chose. Of course, when his application was accepted and his admission was granted, it was necessarily conditioned upon his acceptance of the rules and regulations prescribed by the commission for the government and management of the home. One of these rules was a resolution adopted on December 20,1892, six years before the plaintiff’s application was made, and was in part in the following…
2Cases cited3 opinions
- Ball v. EvansSupreme Court of Iowa · 1896
- Loser v. Board of Managers of Soldiers' HomeMichigan Supreme Court · 1892
- Bryson v. Home for Disabled & Indigent Soldiers, Sailors & MarinersSupreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Channon's EstateSupreme Court of Pennsylvania · 1920
- Lowe's EstateSupreme Court of Pennsylvania · 1937
- Mason v. Board of Managers of Michigan Soldiers' HomeMichigan Supreme Court · 1914
- McElroy v. HawksleySupreme Court of Rhode Island · 1963