Oberly v. H. C. Frick Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 90, Jan. T., 1918, by plaintiffs, from decree of C. P. Payette Co., No. 904, in equity in case of John Oberly and Mary Oberly v. H. C. Prick Coke Company, a Corporation. Bill in equity for injunction. Reppert, J., filed the following opinion: Findings op Pact.
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Appeal, No. 90, Jan. T., 1918, by plaintiffs, from decree of C. P. Payette Co., No. 904, in equity in case of John Oberly and Mary Oberly v. H. C. Prick Coke Company, a Corporation. Bill in equity for injunction. Reppert, J., filed the following opinion: Findings op Pact. I. By deed dated October 19, 1889, recorded in the recorder’s office of Payette County in Deed Book No. 91, page 329, James P. Hustead, the owner of the fee, with his wife, conveyed to Gilbert T. Rafferty and Charles Donnelly all the nine foot or Connellsville vein of coking coal in and underlying all that certain tract of…
1Opinion of the Court
Per Curiam,
The refusal to grant or continue a preliminary injunction is error only when the right threatened with invasion is an unquestionable one, and the only protection from irreparable injury to it is to be found in a court of equity: Crawford v. Sullivan, 238 Pa. 142. In view of this rule the court below did not err in refusing to continue the injunction, and its decree dissolving the same is affirmed, at appellants’ costs.
2Cases cited1 opinion
- Crawford v. SullivanSupreme Court of Pennsylvania · 1913
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- Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Belden & Blake Corp. v. CommonwealthSupreme Court of Pennsylvania · 2009
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