Mount Sharon Cemetery Charter
Mount Sharon Cemetery Charter
Opinion of the Court
Application was made under the provisions of the Act of 1874, to the Court of Common Pleas of Delaware County, by five citizens of Pennsylvania, all of whom
In view of the conclusion reached above, consideration of the question raised by the assignment of error becomes unnecessary. However, by way of suggestion, it may not be amiss to state that in the formation of corporations the place at which the business is to be carried on should be definitely fixed, i. e., in a municipality having a post office through which communication with the corporation may be had. In the present case the County of Delaware contains within its borders a city of the third class, at least twenty-five boroughs and a like number of towm ships. In which of these the cemetery is proposed to be located or the principal office established does not appear. While, of course, the location of the property to be used for burial purposes may, under certain circum
For the reason first given above, the appeal is dismissed at costs of appellants.
Reference
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- Corporations — Cemetery companies — Place of business — Validity of charter — Attach by individual — Quo warranto by State. 1. Where the court of common pleas has entered a decree granting a charter, the company is a de facto corporation, and the validity of its formation can be attacked only by the attorney general. 2. It seems that, in an application for a charter, the place at which the business is to be carried on should be definitely fixed in a municipality or district having a post office through which communication with the corporation may be had. The designation of a county is insufficient.