Opinion
May 24, 1939.
June 19, 1939.
Appeals — Review — Order approving charter of nonprofit corporation — Discretion of court below — Act of May 5, 1933, P. L. 289.
1 The discretion lodged in the court of common pleas, by the Nonprofit Corporation Law of May 15, 1933, P. L. 289, in granting or refusing a charter of incorporation under that Act, will not be reviewed by the appellate court unless there is a manifest abuse of that discretion, such as the violation of a deep-seated public policy. [209]
2. In re Elkland Leather Workers' Association, Inc., 330 Pa. 78, held controlling. [209]
Argued May 24, 1939.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 54, Jan. T., 1939, from decree of C. P. Schuylkill Co., Sept. T., 1937, No. 485, in re Independent Garment Workers' Union of Valley View, Pa. Decree affirmed.
Application for charter for nonprofit corporation.
Decree entered dismissing exceptions and granting charter, opinion by HOUCK, P. J. Exceptant appealed.
Error assigned, among others, was final decree.
Isadore Krasno, for appellant.
Isadore Krasno, for appellant.
No appearance was made, nor brief filed, for appellee.
The court below correctly found that its decree was controlled by the decision of this Court in In re Elkland Leather Workers' Association, Inc., 330 Pa. 78. In that case we held that the discretion lodged in the court of common pleas, by the Nonprofit Corporation Law of May 5, 1933, P. L. 289, in granting or refusing a charter of incorporation under that Act, will not be reviewed by this Court unless there is a manifest abuse of that discretion, such as the violation of a deep-seated public policy. No such abuse appears in this case. The court below having found the articles of association to be in proper form, within the provisions of the Act, and the purposes lawful and not injurious to the community, its power to grant the charter was complete.
Decree affirmed at appellant's cost.