Myers v. Borough of South Bethlehem
Supreme Court of Pennsylvania
Appeals, Nos. 277 and 278, Jan. T., 1892, from decrees of C. P. Northampton Co., by George H. Myers and Francis Weiss, Jr., executors of Francis Weiss, deceased; No. 277, from decree Dec. T., 1887, No. 16, overruling demurrers to returns to petition for a mandamus execution against defendant; and No. 278, from decree April T., 1891, No. 1, overruling demurrer to bill in equity, to restrain proceedings on the judgment in the other case.
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Appeals, Nos. 277 and 278, Jan. T., 1892, from decrees of C. P. Northampton Co., by George H. Myers and Francis Weiss, Jr., executors of Francis Weiss, deceased; No. 277, from decree Dec. T., 1887, No. 16, overruling demurrers to returns to petition for a mandamus execution against defendant; and No. 278, from decree April T., 1891, No. 1, overruling demurrer to bill in equity, to restrain proceedings on the judgment in the other case. The judgment of the executors of Francis Weiss, deceased, against the Borough of South Bethlehem for damages by reason of the opening of Front street in said…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
When the early judges of Pennsylvania took the most brilliant and important step in the history of modern jurisprudence, and held, a century in advance of England and our sister states, not only that equity was part of the common law of Pennsylvania but also that it might be administered by the common law tribunals under common law forms, they might well have supposed that the conflict as old as the days of Coke and Ellesmere over the right of equity to control proceedings at law, would thenceforth disappear. But it would seem to be irrepressible. We have in…
2Cases cited4 opinions
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Graff v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
3Cited by23 opinions
- Lance v. MannSupreme Court of Pennsylvania · 1948
- City of Corry v. Corry Chair Co.Superior Court of Pennsylvania · 1901
- Moravian Seminary v. Bethlehem BoroughSupreme Court of Pennsylvania · 1893
- Reinbold v. CommonwealthSupreme Court of Pennsylvania · 1935
- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
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