Kearns v. Howley

Citations

• 188 Pa. 116
• 41 A. 273
• 1898 Pa. LEXIS 583

Syllabus

<p>Equity — Jurisdiction— Unincorporated associations — Political parlies.</p> <p>The Act of June 16, 1836, Pi L. 784, confers upon the courts of common pleas in Pennsylvania only the power of the English court of chancery, and as the English chancellor has always disclaimed authority to interfere with the action of voluntary and unincorporated associations where no right of property is involved, courts of equity in Pennsylvania will do the same.</p> <p>A court of equity in Pennsylvania has no jurisdiction to restrain by injunction the chairman of a county committee of a political party from filling vacancies in violation of the rules of the party, where it appears that no property rights are involved. The fact that the committee disburses large sums for campaign purposes does not prove that any properly right is involved, inasmuch as the members of the committee have no personal ownership in the fund.</p>