Legal Opinion

German Reformed Church v. Commonwealth ex rel. Seibert

Supreme Court of Pennsylvania

Decided June 29, 1846PublishedCited by 23 opinions

Error to the Common Pleas of Lebanon county. June 24. In this case, Jacob Seibert, the relator, upon the following petition and affidavit, obtained a rule to show cause why a mandamus should not issue to “ The Corporation of the German Reformed church of Heidelberg,” the respondents, plaintiff in error and defendant below, to restore the said Jacob Seibert to the standing and rights of a member of the said corporation.

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Error to the Common Pleas of Lebanon county. June 24. In this case, Jacob Seibert, the relator, upon the following petition and affidavit, obtained a rule to show cause why a mandamus should not issue to “ The Corporation of the German Reformed church of Heidelberg,” the respondents, plaintiff in error and defendant below, to restore the said Jacob Seibert to the standing and rights of a member of the said corporation. “ The petition of Jacob Seibert, of the township of Millcreek, in the county of Lebanon, and state of Pennsylvania, respectfully represents, that your petitioner, Jacob…

1Opinion of the CourtRogers, J.

The facts on which the case is ruled appear in the answer and rejoinder of the respondent, which, for the purpose of closing the pleadings, the relator admits to be true. We therefore discard all technical objections, as well as the one, .that the answer is not signed by the corporation, to which, if excep*291tionable, the relator should have demurred. By the charter, none but members of the German Reformed church of Heidelberg, citizens of the Commonwealth, are corporators; and as a person excommunicated ceases to be a member,-he loses his right as a corporator. The consistory, it seems,…

2Cited by23 opinions

  1. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
  2. Schlichter v. KeiterSupreme Court of Pennsylvania · 1893
  3. Krecker v. ShireySupreme Court of Pennsylvania · 1894
  4. Foster v. HardingSupreme Court of Oklahoma · 1967
  5. Commonwealth v. BeilerSuperior Court of Pennsylvania · 1951

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