Legal Opinion

Commonwealth v. Cain

Supreme Court of Pennsylvania

Decided March 27, 1820PublishedCited by 2 opinions

Quo Warranto. THIS cause came before the Court on a motion for a rule on the defendants, to shew cause why an information in natur£ a Warranto should not be filed against them for usurping the office of vestrymen of “ St. Thomas’s African Episcopal Church of PhiladelphiaBy agreement of parties, the controversy was reduced to a single question, whether a bye-law made on the 3d April, 1819, was valid, by which it was enacted, that no member of this church whose pew rent was in…

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Quo Warranto. THIS cause came before the Court on a motion for a rule on the defendants, to shew cause why an information in natur£ a Warranto should not be filed against them for usurping the office of vestrymen of “ St. Thomas’s African Episcopal Church of PhiladelphiaBy agreement of parties, the controversy was reduced to a single question, whether a bye-law made on the 3d April, 1819, was valid, by which it was enacted, that no member of this church whose pew rent was in arrear for a longer time than two years should be entitled to vote at any election of officers of the said church. ' By…

1Opinion of the Court

The opinion of the Court was delivered by

Tilghman C. J.

The third rule made on the 12th July^ *5131784, is to be considered as part of the act of incorporation, just as if it had been actually inserted in it; and if the bylaw in question can, by fair agreement, be made out to be in contradiction-to it, its validity cannot be supported.— There is no express contradiction betweeu the rule and the by-law. The rule declares, that no person shall vote, who has not been a member of the church twelve months preceding the election — the by-law does not say that he shall — but only, that although he…

2Cited by2 opinions

  1. Commonwealth ex rel. Clements v. ArrisonSupreme Court of Pennsylvania · 1827
  2. Commonwealth v. MurraySupreme Court of Pennsylvania · 1824

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