Ryerss v. Trustees of the Presbyterian Congregation
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of assumpsit, originally brought before a justice of the peace, by James H. Gulick, William Alworth, and Clarendon Rathbone, trustees of the Presbyterian Congregation of Blossburg, against Joseph W. Ryerss, to recover a subscription of $100 towards the building-of their church. The cause came into the Common Pleas by appeal.
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Error to the Common Pleas of Tioga county. This was an action of assumpsit, originally brought before a justice of the peace, by James H. Gulick, William Alworth, and Clarendon Rathbone, trustees of the Presbyterian Congregation of Blossburg, against Joseph W. Ryerss, to recover a subscription of $100 towards the building-of their church. The cause came into the Common Pleas by appeal. On the trial, the plaintiffs gave in evidence their charter, the 9th article of which was as follows:— “ All property belonging to, or hereafter obtained by said congregation, shall be vested in the trustees…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Whether the Presbyterian Congregation of Blossburg were a duly constituted corporation, or only a religious society bound together by articles of association, it was a legal party competent to sue, and is named on the record as plaintiff. In accordance with article nine of their constitution, the trustees are also named, and the first question that arises upon the record is, whether James IT. Gulick, one of those trustees, was a competent witness.
This depends on the question, whether he was liable for costs, for it is not pretended that he…
2Cases cited1 opinion
- Heckert v. HaineSupreme Court of Pennsylvania · 1813
3Cited by2 opinions
- Barford v. Beaner Electric Co., Pennsylvania Court of Common Pleas, Beaver County1927
- Rebmann EstatePennsylvania Orphans' Court, Montgomery County · 1967