Commonwealth v. Smith
Supreme Court of Pennsylvania
Appeal, No. 144, Jan. T., 1920, by plaintiffs, from decree of C. P. No. 5, Philadelphia Co., June T., 1919, No. 2290, dismissing bill in equity, in case of Commonwealth et al. v. Thomas B. Smith, Mayor, et al. Bill in equity for an injunction. Before Staake and Monaghan, JJ. The opinion of the Supreme Court states the material averments of the bill and answer, and the material findings of fact (the 6th finding of fact) by the trial court. The court dismissed the bill.
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Appeal, No. 144, Jan. T., 1920, by plaintiffs, from decree of C. P. No. 5, Philadelphia Co., June T., 1919, No. 2290, dismissing bill in equity, in case of Commonwealth et al. v. Thomas B. Smith, Mayor, et al. Bill in equity for an injunction. Before Staake and Monaghan, JJ. The opinion of the Supreme Court states the material averments of the bill and answer, and the material findings of fact (the 6th finding of fact) by the trial court. The court dismissed the bill. Plaintiffs appealed. Errors assigned were (1) ruling on evidence, to which no exception was taken; (2) ruling on the exclusion…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The bill filed by the complainants was for an injunction to restrain alleged violations of the Act of April 22, 1794, commonly known as the “Sunday Law.” It averred that the respondents, commissioners of Fair-mount Park, at a meeting held May 14, 1919, passed a resolution “that the chief engineer be instructed to' permit the orderly playing of all outdoor games in the park under the control of the commission on Sundays under the same regulations as on other days”; that prior to the adoption of this resolution playing of outdoor games in the park was not…
2Cases cited4 opinions
- Sparhawk v. Union Passenger Railway Co.Supreme Court of Pennsylvania · 1867
- Klein v. Livingston ClubSupreme Court of Pennsylvania · 1896
- Kress House Moving Co. v. George Hogg Co.Supreme Court of Pennsylvania · 1919
- Yeager v. Gately & Fitzgerald, Inc.Supreme Court of Pennsylvania · 1919
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- Everett v. HarronSupreme Court of Pennsylvania · 1955
- Pennsylvania Society for the Prevention of Cruelty to Animals v. Bravo Enterprises, Inc.Supreme Court of Pennsylvania · 1968
- Commonwealth v. Amer. Baseball Club of Phila.Supreme Court of Pennsylvania · 1927
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
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