Stanek v. Pittsburgh

Dissenting Opinion by

Mr. Justice Roberts:

I dissent. The unnecessary and unreasonable preclusion of equity in the instant case is grounded, in my view, upon a strained and wholly erroneous construction of the Act of September 29, 1951, P. L. 1654, §1, 53 P.S. §604. The majority’s disposition is based upon the view that the Act of September 29, 1951, supra, provides an adequate remedy at law and, therefore, deprives equity of jurisdiction. That Act has no application to suits such as that presently before this Court and, therefore, I must conclude that the majority has predicated its…