Legal Opinion

Trustees of the Academy of the Protestant Episcopal Church v. Hunter

Supreme Court of Pennsylvania

Decided October 1, 1888No. 173PublishedCited by 4 opinions

Appeal and Certiorari, No. 173, July T. 1887,. to review a decree of C. P. No. 4, Phila. Co., in equity, granting a special injunction, restraining the collection of taxes, at Dec.

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Appeal and Certiorari, No. 173, July T. 1887,. to review a decree of C. P. No. 4, Phila. Co., in equity, granting a special injunction, restraining the collection of taxes, at Dec. T.. 1886, No. 896. The complainants averred in their bill as follows: I. That the “Academy of the Protestant Episcopal Church” was agreed to be established, at a, meeting of the subscribers to said Academy, held in Christ Church, Philadelphia, January 1, 1785, at which time and place the fundamental laws of the said Academy were enacted, providing, among other things, that “ the entire government of the Academy…

1Opinion of the Court

Sterrett, J.,

In appeals from interlocutory orders and decrees such as this, our almost invariable practice is not to discuss the questions that then appear to be involved, because, at that stage of the proceeding, the facts are seldom, if ever, fully developed, and, after the cause has proceeded to final hearing and decree on the facts found by the master and court below, it is likely to be brought before us for review on appeal by the unsuccessful party.

This appeal is from a preliminary injunction restraining appellants from collecting certain taxes assessed against appellees’ real estate,…

2Cases cited1 opinion

  1. Thiel College v. County of MercerSupreme Court of Pennsylvania · 1883

3Cited by4 opinions

  1. Pocono Pines Assembly v. Monroe CountySuperior Court of Pennsylvania · 1905
  2. City of San Antonio v. Santa Rosa InfirmaryCourt of Appeals of Texas · 1923
  3. Trustees of Young Men's Christian Ass'n v. City of PatersonSupreme Court of New Jersey · 1898
  4. City of San Antonio v. Santa Rosa InfirmaryCourt of Appeals of Texas · 1923

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