Corbet v. Oil City Fuel Supply Co.
Superior Court of Pennsylvania
Appeal, No. 134, April T., 1897, by defendant, from decree of C. P. Jefferson Co., Sept. T., 1896, No. 2, overruling demurrer and sustaining special injunction. Bill for injunction.
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Appeal, No. 134, April T., 1897, by defendant, from decree of C. P. Jefferson Co., Sept. T., 1896, No. 2, overruling demurrer and sustaining special injunction. Bill for injunction. Before Greer, P. J. The plaintiff’s bill set up that he had contracted for a supply of fuel gas from defendant company at a specific price for so long as he might desire to continue the use thereof, with power to cancel the contract if the supply became deficient; that defendant company refused to carry out the contract and shut off the supply of gas from defendant’s house and office; that there was no other…
1Opinion of the Court
Opinion by
Smith, J.,
Under section 37 of the equity rules, when a demurrer is overruled, the defendant shall be assigned to answer the bill within a period to be fixed by the court. In default of such answer, the bill shall be taken pro confesso and a decree made accordingly. Such decree shall also be made when the court deems the demurrer to have been for vexation and delay, and to have been frivolous or unfounded.
In Sewickley v. Gas Co., 154 Pa. 539, the court overruled a demurrer and entered a decree against the defendant. This was affirmed by the Supreme Court without discussion. The bill,…
2Cases cited1 opinion
- Bald Eagle Valley Railroad v. Nittany Valley RailroadSupreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Corbet v. Oil City Fuel Supply Co.Superior Court of Pennsylvania · 1902
- Leisenring v. Pennsylvania Lighting Co.Superior Court of Pennsylvania · 1915
- Funeral Benefit Ass'n v. James E. Hyatt Council, No. 923Superior Court of Pennsylvania · 1916
- Richman v. ShprintzPennylvania Municipal Court, Philadelphia County · 1936