Gemmell v. Fox
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1913, by defendants, from order of C. P. Clearfield Co., In Equity, Sept. T., 1912, No. 4, continuing a preliminary injunction until final bearing on bill in equity in case of Tbomas Gemmell, William David, George W. Stiles, S. J. Mountz, Howard E. Fulkerson, Clifford C. Fulkerson, Setb V. Davis, D. H. Kornman, W. B. Gallagher v. George W. Fox, Ira Nevling, James Mooney, David Miller, Thomas Gallagher, comprising the Board of School Directors of the…
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Appeal, No. 103, Jan. T., 1913, by defendants, from order of C. P. Clearfield Co., In Equity, Sept. T., 1912, No. 4, continuing a preliminary injunction until final bearing on bill in equity in case of Tbomas Gemmell, William David, George W. Stiles, S. J. Mountz, Howard E. Fulkerson, Clifford C. Fulkerson, Setb V. Davis, D. H. Kornman, W. B. Gallagher v. George W. Fox, Ira Nevling, James Mooney, David Miller, Thomas Gallagher, comprising the Board of School Directors of the School District of Gulich Township. Bill in equity to restrain school directors from acquiring land for school…
1Opinion of the Court
Per Curiam,
There is nothing in this case to take it out of the established rule that a preliminary injunction will not be disturbed where there was apparently sufficient ground for the action of the court below in awarding it. In the present case the learned chancellor said, in continuing the injunction, that, upon final hearing, when he would have the benefit of testimony on the part of the respondents, he might reach a different conclusion. Let the status quo remain until that hearing.
Appeal dismissed at appellants’ costs.
2Cited by21 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Downing v. Erie City School DistrictSupreme Court of Pennsylvania · 1948
- Western Maryland Dairy, Inc. v. ChenowithCourt of Appeals of Maryland · 1942
- Regan v. StoddardSupreme Court of Pennsylvania · 1949
- Philadelphia Record Co. v. Curtis-Martin Newspapers, Inc.Supreme Court of Pennsylvania · 1931
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