Legal Opinion

Bixler v. Swartz

Supreme Court of Pennsylvania

Decided March 19, 1917No. Appeal, No. 43PublishedCited by 7 opinions

Appeal, No. 43, Jan. T., 1917, by defendant, from decree of C. P. Northampton Co., Feb. T., 1917, No. 3, in equity, continuing preliminary injunction in case of Fannie T. Bixler and Arthur B. Bixler, individually and as partners trading as A. B. Bixler & Company, v. Mark T. Swartz. Bill in equity for an injunction.

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Appeal, No. 43, Jan. T., 1917, by defendant, from decree of C. P. Northampton Co., Feb. T., 1917, No. 3, in equity, continuing preliminary injunction in case of Fannie T. Bixler and Arthur B. Bixler, individually and as partners trading as A. B. Bixler & Company, v. Mark T. Swartz. Bill in equity for an injunction. The facts appear in the following opinion by McKeen, J.: The defendant moved to dismiss the bill and the preliminary injunction granted thereon in the above-stated case for the reason that there are no injunction affidavits such as are required by the equity rules, the injunction…

1Opinion of the Court

Pbe Cueiam,

This is an appeal from an order of the court below continuing a preliminary injunction restraining the defendant from interfering with the plaintiffs’ possession of a store room in the City of Easton and from instituting or proceeding with any summary action at law for that purpose. We have carefully considered the facts disclosed by the record, and think there were reasonable grounds for the action of the court below, and, therefore, in accordance with our established practice we will not, on this appeal, further consider the merits of the case.

The appeal is dismissed at the costs…

2Cited by7 opinions

  1. White v. LongSupreme Court of Pennsylvania · 1927
  2. Casinghead Gas Co. v. OsbornSupreme Court of Pennsylvania · 1921
  3. Beetem v. Carlisle Light, Heat & Power Co.Supreme Court of Pennsylvania · 1919
  4. City Ice Co. v. Easton Merchants' Ice Co.Supreme Court of Pennsylvania · 1919
  5. Fetherman v. Dietz, Pennsylvania Court of Common Pleas, Northampton County1923

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