Bannerot v. Davidson
Supreme Court of Pennsylvania
Appeal, No. 211, Oct. T., 1908, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1907, No. 651, dismissing bill in equity in case of Frederick G. Bannerot v. H. M. Davidson and Samuel Holmes. Bill in equity for an injunction. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a bill in equity filed by Frederick G. Bannerot against H. M. Davidson and Samuel Holmes, praying for an injunction to restrain the defendants from excavating and *289grading, or erecting a building, upon land over which the plaintiff claimed a right of way. After hearing on bill, answer and proofs, the trial judge recommended that the bill be dismissed without prejudice to any right the plaintiff might have 'to proceed at law against either or both the defendants. Exceptions to the findings of the trial judge were dismissed, and plaintiff has appealed.
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2Cited by3 opinions
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