Horwitz v. Wohlmuth
Superior Court of Pennsylvania
Appeal, No. 345, Oct. T., 1916, by defendant, from decree of Municipal Court of Philadelphia Co., May T., 1916, No. 41, on bill in equity in case of Samuel Horwitz v. Louis Wohlmuth and Eva Wohlmuth. Bill in equity for an injunction and for damages.
Read the full summary
Appeal, No. 345, Oct. T., 1916, by defendant, from decree of Municipal Court of Philadelphia Co., May T., 1916, No. 41, on bill in equity in case of Samuel Horwitz v. Louis Wohlmuth and Eva Wohlmuth. Bill in equity for an injunction and for damages. In addition to the facts stated in the opinion of the Superior Court, it appeared that the amount mentioned in the certificate filed as an amendment to the bill was Error assigned was in refusing to dismiss the bill for want of jurisdiction.
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant presents but one assignment of error and that challenges the jurisdiction of the court on the ground that the subject of controversy exceeded $600 in value. The proceeding is a bill in equity to restrain the defendants from carrying on the business of selling candy, tobacco, cigars and other articles of merchandise in violation of an agreement entered into between the plaintiff and Louis Wohlmuth on the 26th of October, 1915, at which time the plaintiff bought from the said defendant the fixtures and contents of his store'at 4252 Main street in the City…
2Cases cited2 opinions
- Schenley v. Commonwealth ex rel. City of AlleghenySupreme Court of Pennsylvania · 1859
- Appeal of DickSupreme Court of Pennsylvania · 1884
3Cited by4 opinions
- Porter v. Zeuger Milk Co.Superior Court of Pennsylvania · 1939
- Shlifer v. BergdollSuperior Court of Pennsylvania · 1918
- Pennington v. Conway and AshSuperior Court of Pennsylvania · 1927
- Paone Et Ux. v. RomaniniSuperior Court of Pennsylvania · 1947