Edgett v. Douglass
Pennsylvania Court of Common Pleas, McKean County
No. 888 January Term 1891, Sup. Ct.; court below, No. 4 October Term 1889, C. P. in Equity. On June 14, 1889, A. J. Edgett filed a bill in equity against C. L. Douglass, charging in substance (1) that the defendant, without any authority, had entered upon a tract of seven acres owned by the plaintiff, for the purpose of constructing a dam to restrain the flow of Tunungwant creek and divert it from its natural course, and threatened to continue to make such entries; and (2)…
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No. 888 January Term 1891, Sup. Ct.; court below, No. 4 October Term 1889, C. P. in Equity. On June 14, 1889, A. J. Edgett filed a bill in equity against C. L. Douglass, charging in substance (1) that the defendant, without any authority, had entered upon a tract of seven acres owned by the plaintiff, for the purpose of constructing a dam to restrain the flow of Tunungwant creek and divert it from its natural course, and threatened to continue to make such entries; and (2) that the defendant was constructing a dam below the plaintiff’s property in such manner as to overflow, not only said…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson:
This case involves some questions of fact which could have *102been more appropriately settled at law. Indeed, had this point been made below, we would have been inclined to sustain it. But where parties submit to the jurisdiction, and take their chances of a decree in their favor, the objection here comes with a bad grace, and will not as a general rule avail, unless the want of jurisdiction is so plain that we would feel justified in dismissing the bill of our own motion.
Aside from this, in the view we take of the case, the disputed facts are not of special…
2Cited by11 opinions
- Pennsylvania Railroad v. BogertSupreme Court of Pennsylvania · 1904
- Eugene C. Walsh and Lois M. Walsh v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- In re MatthewsDistrict Court, W.D. Arkansas · 1901
- In re EmrichDistrict Court, W.D. Pennsylvania · 1900
- Cohen v. SchofieldSupreme Court of Pennsylvania · 1930
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