238 Pa. 419 | Pa. | 1913
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.