Burd Orphan Asylum v. School District
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county: Of. January Term 1877, No. 50. Casé stated, wherein the School District of Upper Darby was plaintiff, and the Rector, Church-wardens and Vestrymen of St. .Stephen's Church in the City of Philadelphia, Trustees of the Burd Orphan Asylum of St. Stephen’s Church, were defendants.
Read the full summary
Error to the Court of Common Pleas of Delaware county: Of. January Term 1877, No. 50. Casé stated, wherein the School District of Upper Darby was plaintiff, and the Rector, Church-wardens and Vestrymen of St. .Stephen's Church in the City of Philadelphia, Trustees of the Burd Orphan Asylum of St. Stephen’s Church, were defendants. The casé as stated was as follows: Eliza Howard Burd, deceased, late of the county of Philadelphia, by her last will and codicils thereto, proved April 11th 1860, devised and bequeathed, inter alia, to the defendants, who are a corporation, a large amount of…
1Opinion of the Court · TruhkeyJustice Truhkey
' The clear and convincing opinion of the learned judge of the Common Pleas comprises all that need be said in support of the judgment. He puts the case on the true ground, namely, that the charity is not purely public, for the reason that it is practically limited to white female orphan children, who shall have been baptised in the Protestant Episcopal Church. His reasoning upon the essential point, accords with the doctrine of Donohugh’s Appeal, 5 Norris 806, where it was'held that private institntions for purposes of purely public charity, and not administered for private gain, may be…
Also in this document: Opinion of the Court · Green.
2Cases cited6 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Clement v. HydeSupreme Court of Vermont · 1878
- City of Indianapolis v. Indianapolis Home for Friendless WomenIndiana Supreme Court · 1875
- Maine Baptist Missionary Convention v. City of PortlandSupreme Judicial Court of Maine · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Houston v. Scottish Rite Benevolent Ass'nTexas Supreme Court · 1921
- Hill School Tax Exemption CaseSupreme Court of Pennsylvania · 1952
- Phila. v. Masonic HomeSupreme Court of Pennsylvania · 1894
- Board of Home Missions & Church Extension of the Methodist Episcopal Church v. PhiladelphiaSupreme Court of Pennsylvania · 1920
- Girard Will CaseSupreme Court of Pennsylvania · 1956
22 more not listed; retrieve them via the Exa API.