Schuylkill Haven Borough v. Trinity Church
Superior Court of Pennsylvania
Appeal, No. 332, Oct. T., 1915, by plaintiff, from order of O. P. Schuylkill Co., March T., 1915, No. 16, discharging rule for judgment for want of a sufficient affidavit of defense in case of Schuylkill Haven Borough v. Trinity Church of the Evangelical Association of North America. Scire facias sur municipal lien for paving.
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Appeal, No. 332, Oct. T., 1915, by plaintiff, from order of O. P. Schuylkill Co., March T., 1915, No. 16, discharging rule for judgment for want of a sufficient affidavit of defense in case of Schuylkill Haven Borough v. Trinity Church of the Evangelical Association of North America. Scire facias sur municipal lien for paving. Before Brumm, J. The defendant -filed an affidavit of defense setting forth that the defendant was a church corporation, and that the property against which the claim was filed was an actual place of religious worship, and exempt from a municipal claim under the Act of…
1Opinion of the Court
Opinion by'
Trexler, J.,
The matter arises by reason of the. municipal lien filed by the Borough of Schuylkill Haven for the paving of Dock street against defendant’s property “an actual place of religious worship.” Section 5 of the Act of June 4, 1901, P. L. 364, provides that public property used for public purposes, actual places of religious worship, places of burial, not used for private profit add institutions of purely public character shall not be subject to taxation or municipal claims, with certain exceptions. The Act of May 12, ,1911,. P.-L, 288, empowers boroughs without petition of…
2Cases cited2 opinions
- Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
- Pittsburg v. Calvary Cemetery Ass'nSuperior Court of Pennsylvania · 1910
3Cited by4 opinions
- Litzelman AppealSuperior Court of Pennsylvania · 1966
- Commonwealth v. KlineWashington County Court of Quarter Sessions · 1941
- Lawrence County v. Horner, Pennsylvania Court of Common Pleas, Lawrence County1923
- Litzelman AppealSuperior Court of Pennsylvania · 1966