Bunnell's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Court of Common Pleas of Wyoming county : In Equity: No. 159 to July Term, 1870. This was a bill filed, July 28th 1869, by Charles Place and Elizabeth his wife, against James Bunnell. The bill set out: 1. Proceedings were instituted in tbe Quarter Sessions of Luzerne county, to lay out a public road, commencing at or near the house of George Evans, in Tunkhannock township, thence to the house of John Jayne, inBraintrim township.
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Appeal from tbe Court of Common Pleas of Wyoming county : In Equity: No. 159 to July Term, 1870. This was a bill filed, July 28th 1869, by Charles Place and Elizabeth his wife, against James Bunnell. The bill set out: 1. Proceedings were instituted in tbe Quarter Sessions of Luzerne county, to lay out a public road, commencing at or near the house of George Evans, in Tunkhannock township, thence to the house of John Jayne, inBraintrim township. On the 4th of April, 1820, the court ordered a public road to be laid out and opened, fifty feet wide between the points named. 2. In pursuance of the…
1Opinion of the Court
The opinion of the court was delivered, May 8th 1871, by
Agnew, J.
It is not to be denied that the Supreme Court and the several Courts of Common Pleas have jurisdiction to restrain public nuisances, under certain circumstances. This power is conferred by the 5th clause of the 13th section of the Act of 16th June 1836, extended over the state by subsequent legislation. But the power will be exercised only when the right is clear and not doubtful, and when the threatened injury is of a permanent, or an irreparable character. The mere fact that there is a remedy at law by indictment or action…
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