Schwartz v. Duss
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE THIRD CIRCUIT. This suit was brought for the distribution of the property and assets of the Harmony Society, which the bill alleged had ceased to exist. The bill also prayed for an injunction against John S. Duss to restrain him from in anywise dealing with the property, of the society, and also for a receiver. The bill was exceedingly voluminous.
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CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE THIRD CIRCUIT. This suit was brought for the distribution of the property and assets of the Harmony Society, which the bill alleged had ceased to exist. The bill also prayed for an injunction against John S. Duss to restrain him from in anywise dealing with the property, of the society, and also for a receiver. The bill was exceedingly voluminous. It stated the origin and principles and plan of government of the society; that many industries were started and conducted by it, including a savings bank'; the town of Economy, Pennsylvania,…
1Opinion of the CourtJustice McKenNA
Two questions were submitted to the master : (1) Have the plaintiffs such a proprietary right or interest as would entitle them upon the dissolution of the society to share all its property or assets, or which entitles them to an accounting ? (2) Has the society been dissolved by consent or by an abandonment of the purposes for which it was formed ? A negative answer to either of the propositions determines the controversy against *16petitioners, and both were so answered by the master and by the Circuit Court and the Circuit Court of Appeals. The case, therefore, seems not to be as broad or as…
2Cases cited4 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Goesele v. BimelerSupreme Court of the United States · 1853
- Baker v. NachtriebSupreme Court of the United States · 1856
- Schriber v. RappSupreme Court of Pennsylvania · 1836
3Cited by14 opinions
- Lemieux v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Order of St. Benedict of NJ v. SteinhauserSupreme Court of the United States · 1914
- State v. Amana SocietySupreme Court of Iowa · 1906
- State ex rel. Chamberlain v. Hutterische Bruder GemeindeSouth Dakota Supreme Court · 1922
- Brotherhood of Railroad Trainmen v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1925
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