Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 24
Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 24
Pennsylvania. Supreme Court, United States Circuit Court (3rd Circuit), United States District Court (Pennsylvania : Eastern District)
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574, 580.) The provisions of the Act of 1887 are clearly within the letter as well as the spirit ^ this well-recognized principle. Ther^ is nothing in any of them of which the appellee has any just reason to complain as an improper interfe- rence, on the part of the Commonwealth, with any of the rights and privileges granted by its charter. The provision for a commission to act in conjunction with the survivors of each regi- ment, etc., was at most a reasonable and proper regulation, tending to... secure historical accuracy, and generally in furtherance of one of the pur- poses for which the Association was incorporated, and one that did not improperly interfere with any of its rights and duties. In view of the facts as presented to us, we think the learned Judge erred in sustaining^ the demurrer and dismissing the bill. Decree reversed and bill reinstated, and it is ordered that the record be remitted for further proceedings, in accordance with equity practice, costs of this appeal to be paid by the appellees.
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