Legal Opinion

Casinghead Gas Co. v. Osborn

Supreme Court of Pennsylvania

Decided February 14, 1921No. Appeal, No. 138PublishedCited by 16 opinions

Appeal, No. 138, Oct. T., 1920, by plaintiff, from decree of O. P. Venango Co., dissolving preliminary injunction, in case of Casinghead Gas Co. v. J. B. Osborn et al. Bill in equity for injunction. Before Criswell, P. J. The opinion of tbe Supreme Court states the facts. The court dissolved a preliminary injunction previously granted. Plaintiff appealed. Error assigned, inter alia, was decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Chief Justice Moschzisker,

In this case the court below granted a preliminary injunction, which it subsequently dissolved; plaintiff has appealed.

The “established practice on such appeals is to determine only whether on the facts developed [as “disclosed by the record”: Bixler v. Swartz, 257 Pa. 300, 304] an injunction should have been granted, and to withhold any expression of opinion on the merits until after final hearing and decree”: Lockwood v. Ambridge Boro., 233 Pa. 521, 522.

*397“An interlocutory injunction is provisional and concludes no right”; this is so, even after its…

2Cases cited11 opinions

  1. Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
  2. Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
  3. Gemmell v. FoxSupreme Court of Pennsylvania · 1913
  4. Holden v. LlewellynSupreme Court of Pennsylvania · 1918
  5. Oberly v. H. C. Frick Coke Co.Supreme Court of Pennsylvania · 1918

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Westinghouse Electric Corp. v. United Electrical, Radio & MacHine WorkersSupreme Court of Pennsylvania · 1946
  2. Annenberg v. RobertsSupreme Court of Pennsylvania · 1938
  3. York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
  4. Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
  5. Philadelphia Record Co. v. Curtis-Martin Newspapers, Inc.Supreme Court of Pennsylvania · 1931

11 more not listed; retrieve them via the Exa API.

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