Legal Opinion

Germantown Trust Co. v. Powell

Supreme Court of Pennsylvania

Decided May 21, 1919No. Appeals, Nos. 6 and 8PublishedCited by 33 opinions

Appeals, Nos. 6 and 8, Jan. T., 1919, by the plaintiffs, from tbe decrees of C. P. Dauphin Co., Equity Docket, Nos. 576 and 578, 1916, dismissing bills in equity in cases of Germantown Trust Company v. A. W. Powell, Auditor General, and Union Trust Company of Pittsburgh v. A. W. Powell, Auditor General.

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Appeals, Nos. 6 and 8, Jan. T., 1919, by the plaintiffs, from tbe decrees of C. P. Dauphin Co., Equity Docket, Nos. 576 and 578, 1916, dismissing bills in equity in cases of Germantown Trust Company v. A. W. Powell, Auditor General, and Union Trust Company of Pittsburgh v. A. W. Powell, Auditor General. Bills in equity to restrain the auditor general from enforcing the escheat Act of June 7,1915, P. L. 278. Before Kunkel, P. J. The cases turned on the constitutionality of the act. The court dismissed the bills. Plaintiffs appealed. Errors assigned were in dismissing the bills.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

These two appeals raise the same question and will be considered together.

*76Plaintiffs, in their bills, seek to enjoin the auditor general of the Commonwealth from enforcing the provisions of the Escheat Act of June 7, 1915, P. L. 878, on the ground the legislation is unconstitutional. A demurrer filed to the bill was sustained by the court below, the constitutionality of the act upheld and a decree entered dismissing the bill, from which decree plaintiffs appealed.

Section 1 of the act requires every person, bank, safe deposit company, trust company and corporation,…

2Cases cited15 opinions

  1. Cunnius v. Reading School DistrictSupreme Court of the United States · 1905
  2. Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
  3. Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
  4. Provident Institution for Savings v. MaloneSupreme Court of the United States · 1911
  5. Commonwealth v. PuderSupreme Court of Pennsylvania · 1918

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3Cited by33 opinions

  1. Commonwealth Ex Rel. Margiotti v. CunninghamSupreme Court of Pennsylvania · 1939
  2. Philadelphia Electric Company CaseSupreme Court of Pennsylvania · 1945
  3. In Re Escheat of Moneys in Custody of United States TreasurySupreme Court of Pennsylvania · 1936
  4. State v. Northwestern National Bank of MinneapolisSupreme Court of Minnesota · 1945
  5. Opgal, Inc. v. BurnsSupreme Court of Florida · 1959

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

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