Gallagher v. McAdams
Superior Court of Pennsylvania
Appeal, No. 13, Oct. T., 1911, by defendants, from decree of C. P. No. 3, Phila. Co., Sept. Term, 1910, No. 2,379, dismissing bill in equity in case of Peter J. Gallagher et al. v. James McAdams et al. Bill in equity for an injunction. Before McMichael, P. J. At the trial the trial judge held that the court had no jurisdiction and dismissed the bill.
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Appeal, No. 13, Oct. T., 1911, by defendants, from decree of C. P. No. 3, Phila. Co., Sept. Term, 1910, No. 2,379, dismissing bill in equity in case of Peter J. Gallagher et al. v. James McAdams et al. Bill in equity for an injunction. Before McMichael, P. J. At the trial the trial judge held that the court had no jurisdiction and dismissed the bill. On exceptions to adjudication Ferguson, J., filed the following opinion: We are of opinion the trial judge was amply justified in dismissing the bill under rule 68 of the equity rules. It is a matter of common knowledge among persons familiar…
1Opinion of the Court
Opinion by
Beaver, J.,
The appellant states the question herein involved as follows: “Whether an injunction will be granted to enjoin against the voting of stock in a building association, which was taken for the exclusive purpose of obtaining control at an election by parties acting at the instance of candidates for office, intending to withdraw afterward.”
It is expressly admitted, in answer to a question suggested by the court: “But as I understand it, there was no objection or protest at the time the stock was issued against the issuing of the stock.” Mr. Miller: “I think that is so. It was…
2Cases cited6 opinions
- Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
- Jenkins v. BaxterSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Eberhardt v. DalzellSupreme Court of Pennsylvania · 1893
- Brower v. KantnerSupreme Court of Pennsylvania · 1899
- Goldsworthy v. BoyleSupreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dunlap v. HarbinsonSuperior Court of Pennsylvania · 1917
- Rockwood Water Co. v. Wolf, Pennsylvania Court of Common Pleas, Somerset County1938