Delaware County Institute of Science v. Delaware County
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county : Of January Term 1880, No. 29. Amicable action in the form of a case stated, wherein the county of Delaware was plaintiff, and the Delaware County Institute of Science, defendant, to recover a county tax assessed and levied on the real estate of the defendant in the borough of Media, for the year 1878. It was agreed that a trial by jury should be dispensed with, and the case submitted to the court under the provisions of…
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Error to the Court of Common Pleas of Delaware county : Of January Term 1880, No. 29. Amicable action in the form of a case stated, wherein the county of Delaware was plaintiff, and the Delaware County Institute of Science, defendant, to recover a county tax assessed and levied on the real estate of the defendant in the borough of Media, for the year 1878. It was agreed that a trial by jury should be dispensed with, and the case submitted to the court under the provisions of the Act of April 22d 1874. The decision of the court, Clayton, P. J., was as follows: “From the admissions of counsel…
1Opinion of the Court
The judgment; of the Supreme Court was entered,
2Per curiam
The plaintiff in error, so far from being a purely public charity, is not a public charity at all. It is a private corporation for the benefit of its members, as much so as any other beneficial or literary society. It might permit others than members to use the library, but nobody could call it to account for refusing such permission. It is clearly not within the principles settled by the court in Donohugh’s Appeal, 5 Norris 306.
Judgment affirmed.
3Cited by11 opinions
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