Pittsburg v. Calvary Cemetery Ass'n
Superior Court of Pennsylvania
Appeal, No. 104, April T., 1910, by plaintiff, from order of C. P. No. 3, Allegheny Co., Aug. T., 1907, M. L. D. No. 3, discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Pittsburg v. Calvary Cemetery Association. Scire facias sur municipal lien for paving roadway. Before Kennedy, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 104, April T., 1910, by plaintiff, from order of C. P. No. 3, Allegheny Co., Aug. T., 1907, M. L. D. No. 3, discharging rule for judgment for want of a sufficient affidavit of defense in case of City of Pittsburg v. Calvary Cemetery Association. Scire facias sur municipal lien for paving roadway. Before Kennedy, P. J. The opinion of the Superior Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Henderson, J.,
It is conceded that sec. 5 of the Act of June 4,1901, P. L. 364, as amended by the Act of March 19,1903, P. L. 41, by its terms exempts the property of the defendant corporation from liability for the municipal claim which the plaintiff seeks to recover. It expressly exempts from such a claim actual places of religious worship, places of burial not used or held for private or corporate profit and institutions *291of purely public charity. As the claim which the plaintiff presses is for paving the roadway the exception in the section as to sewer and footway claims is…
2Cases cited2 opinions
- Broad StreetSupreme Court of Pennsylvania · 1895
- New Castle City v. Stone Church GraveyardSupreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Woodmere Cemetery Ass'n v. City of DetroitMichigan Supreme Court · 1916
- Carrick v. CanevinSuperior Court of Pennsylvania · 1913
- Schuylkill Haven Borough v. Trinity ChurchSuperior Court of Pennsylvania · 1916
- Harrisburg v. Harrisburg Cemetery Ass'n, Pennsylvania Court of Common Pleas, Dauphin County1927