In re Matthews
In re Matthews
Opinion of the Court
Opinion by
This was a proceeding begun by petition filed in the Court of Common Pleas by certain members of the congregation of the Grant Street Reformed Presbyterian Church of the City of Pittsburgh, praying that the
It was supposed that the proceeding here attempted was authorized by the Act of April 29, 1874, providing for the incorporation or regulation of certain corporations, and such construction of the act has been vigorously pressed in the course of the argument in support of the decree. It needs only a careful reading of the act to show that its object and purpose in this respect have been misconceived. It is the eighth section that is here involved. This particular section, after providing that all judges and other officers conducting a corporate election, shall, before entering upon their duties, duly qualify by oath or affirmation to discharge their duties with fidelity and prescribing for punishment for failure of duty, provides that “if any election, as aforesaid, be held without the person holding same having first taken an oath or affirmation as aforesaid, or be invalid for any other reason, such election shall be set aside in the manner now provided by law, and a new election
The decree itself is made the subject of the first assignment of error, and this we sustain.
The decree is reversed.
Reference
- Full Case Name
- Petition of James Matthews, Appeal of Grant Street Reformed Presbyterian Church
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Corporations — Election—Quo warranto — Church law — Election of trustees — Jurisdiction of court — A ct of April 29, 187k, P. L. 73. 1. The correct way to test the validity of an election of trustees of a church by the congregation is by writ of quo warranto; the court has no jurisdiction to proceed upon petition under the Act of April 29,1874, P. L. 73. Such proceedings must be by quo warranto. 2. Section 8 of the Act of April 29, 1874, P. L. 73, providing for the incorporation and regulation of certain corporations, does not authorize a proceeding under the Act of July 2, 1839, P. L. 519, to test the validity of a corporate election. An adequate and exclusive statutory method of proceeding in such a case is by writ of quo warranto to test the rights of parties to the office they claim to exercise. 3. It is error for the court in a proceeding begun by petition of certain members of a church corporation praying that a congregational election of trustees be set aside for alleged irregularities to decree the election invalid and order a new election.