Legal Opinion

Gabster v. Mesaros

Supreme Court of Pennsylvania

Decided June 24, 1966No. Appeal, 242PublishedCited by 41 opinions

1Opinion of the Court

Opinion by

Mr. Justice Eagen,

The court below ruled that this equity action was barred by laches and entered judgment for the defendants on the pleadings. The plaintiffs appeal.

It is fundamental that judgment on the pleadings should be entered only in a clear case: Bureau of Child C. v. United Fund, 416 Pa. 617, 207 A. 2d 847 (1965).

For the purpose of this appeal, these facts must be accepted as true:

The plaintiffs are members of the congregation of the Greek Catholic Church of Clymer, Indiana County, Pennsylvania. The Church began as an unincorporated association prior to the year of 1907.…

2Cases cited21 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Lutherland, Inc. v. DahlenSupreme Court of Pennsylvania · 1947
  3. Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
  4. Brodt v. BrownSupreme Court of Pennsylvania · 1961
  5. First National Bank v. Lytle Coal Co.Supreme Court of Pennsylvania · 1938

16 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Consumer Party of Pennsylvania v. Com.Supreme Court of Pennsylvania · 1986
  2. Weinberg v. Commonwealth, State Board of Examiners of Public AccountantsSupreme Court of Pennsylvania · 1985
  3. New York Annual Conference of the United Methodist Church v. FisherSupreme Court of Connecticut · 1980
  4. Commonwealth Ex Rel. Corbett v. GriffinSupreme Court of Pennsylvania · 2008
  5. Fumo v. Commonwealth, Insurance DepartmentCommonwealth Court of Pennsylvania · 1981

36 more not listed; retrieve them via the Exa API.

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