Denny v. Fronheiser
Supreme Court of Pennsylvania
Appeal, No. 150, Oct. T., 1903, by plaintiff, from decree of C. P. Cambria Co., Dec. T., 1902, No. 4, dismissing bill in equity in case of J. B. Denny v. E. H. Fronheiser eb al. Bill in equity to restrain proceedings under the act of March 21, 1772. Bell, P. J., found the facts to be as follows: E. H. Fronheiser and A. C. Kress, defendants, are the owners of the Merchants’ Hotel in Johnstown, Pennsylvania.
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Appeal, No. 150, Oct. T., 1903, by plaintiff, from decree of C. P. Cambria Co., Dec. T., 1902, No. 4, dismissing bill in equity in case of J. B. Denny v. E. H. Fronheiser eb al. Bill in equity to restrain proceedings under the act of March 21, 1772. Bell, P. J., found the facts to be as follows: E. H. Fronheiser and A. C. Kress, defendants, are the owners of the Merchants’ Hotel in Johnstown, Pennsylvania. James E. Kress, another defendant, is their attorney in fact and transacted all the business with plaintiff in relation to renting said hotel. By agreement, dated May 16, 1892, Charles H.…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
The jurisdiction of equity to restrain actions at law is too *178well established to require discussion, and there is nothing in the act of 1772 to give proceedings under it any immunity from such restraint in a proper case. But the limitations of interference by equity are as well settled as the jurisdiction itself. The case must fall within some one or more of the recognized categories of fraud, accident or mistake, etc.
The allegations of fraud in thé present case scarcely come up to the required standard. It is charged in the amended bill that “ the…
2Cases cited1 opinion
- DeCoursey v. Guarantee Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1876
3Cited by10 opinions
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- White v. LongSupreme Court of Pennsylvania · 1927
- Bluestone v. DeroySupreme Court of Pennsylvania · 1929
- Pefkaros v. HarmanCourt of Chancery of Delaware · 1934
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
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