Legal Opinion

Schnorr's Appeal

Supreme Court of Pennsylvania

Decided January 16, 1871PublishedCited by 23 opinions

Appeal from the decree of the Court of'Common Pleas of Butler'county: In equity, No. 208, to October and November Term 1870. To June Term (March 12th) 1870 of the Court of Common Pleas of Butler county, William H. Miller and William F. Miller, elders, and Henry Kalb, deacon of “ The German Evangelical Reformed St. Paul’s Church, of Butler, Pennsylvania,” filed a bill against F. H. Schnorr, William Vogeley, George Vogeley, jr., Peter Biehl, Gottlieb Langhein and others.

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Appeal from the decree of the Court of'Common Pleas of Butler'county: In equity, No. 208, to October and November Term 1870. To June Term (March 12th) 1870 of the Court of Common Pleas of Butler county, William H. Miller and William F. Miller, elders, and Henry Kalb, deacon of “ The German Evangelical Reformed St. Paul’s Church, of Butler, Pennsylvania,” filed a bill against F. H. Schnorr, William Vogeley, George Vogeley, jr., Peter Biehl, Gottlieb Langhein and others. The bill set out:— ' 1. That the above-named church was incorporated on the 4th of December 1865, “ to worship Almighty God…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

When property, real or.personal, is vested in a religious society, whether incorporated or not, as a church or congregation for the worship of Almighty God and the promotion of piety and godly living, it is a charitable use whether the donors be one or many. The corporation or society are trustees, and can no more divert the- property from the use to which it was (Originally dedicated, than any other trustees can. If they should [Undertake to divert the funds, equity will raise some other trustee ito administer them and apply them…

2Cases cited1 opinion

  1. Presbyterian Congregation v. JohnstonSupreme Court of Pennsylvania · 1841

3Cited by23 opinions

  1. Wolf v. SundquistCourt of Appeals of Tennessee · 1997
  2. Landrith v. HudginsTennessee Supreme Court · 1908
  3. St. John Chrysostom Greek Catholic Church v. ElkoSupreme Court of Pennsylvania · 1969
  4. Kicinko v. PetruskaSupreme Court of Pennsylvania · 1917
  5. First Regular Baptist Church v. AllisonSupreme Court of Pennsylvania · 1931

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