Legal Opinion
Commonwealth Ex Rel. Davis v. Van Emberg
Supreme Court of Pennsylvania
Decided November 26, 1975No. 188PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
ROBERTS, Justice.
This is an appeal from a decree in equity by the Court of Common Pleas of Blair County enjoining the operation of the Bethel Gift and Novelty Shop and prohibiting “any business activity at the premises.” Appellant John Van Emberg, the proprietor of the store, argues that the injunction was improperly issued and continued. We agree and vacate the decree. 1
The Bethel Gift and Novelty Shop began its retail business in April 1975 on Sixth Avenue in Altoona. The shop, a renovated service station, is characterized by appellee as an “adult book store.” The…
2Cases cited14 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Lovell v. City of GriffinSupreme Court of the United States · 1938
- Bantam Books, Inc. v. SullivanSupreme Court of the United States · 1963
- Carroll v. President & Commissioners of Princess AnneSupreme Court of the United States · 1968
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Long v. 130 MKT. ST. GIFT & NOVELTY, ETC.Superior Court of Pennsylvania · 1982
- Ranck v. Bonal Enterprises, Inc.Supreme Court of Pennsylvania · 1976
- Chruby v. Department of CorrectionsCommonwealth Court of Pennsylvania · 2010
- Brightbill v. Rigo, Inc.Superior Court of Pennsylvania · 1980
- Commonwealth v. Tap Pharmaceutical Products, Inc.Commonwealth Court of Pennsylvania · 2011
11 more not listed; retrieve them via the Exa API.