Legal Opinion

Rockwell v. Tupper

Superior Court of Pennsylvania

Decided April 18, 1898No. Appeal No. 6PublishedCited by 3 opinions

Appeal No. 6, Jan. T., 1898, by plaintiff, from order of C. P. Bradford Co., Sept. T., 1896, No. 3, in equity, dissolving preliminary injunction. Bill for preliminary injunction. Before Dunham, P. J., of the 44th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court below.

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Appeal No. 6, Jan. T., 1898, by plaintiff, from order of C. P. Bradford Co., Sept. T., 1896, No. 3, in equity, dissolving preliminary injunction. Bill for preliminary injunction. Before Dunham, P. J., of the 44th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court below. In this case a preliminary injunction was granted on July 31, 1896, restraining the above named defendants from selling the property, mentioned in the plaintiff’s bill, as having been levied upon by Geo. B. Brister, the constable, who levied upon certain property under an…

1Opinion of the Court

Opinion by

Rice, P. J.,

Without attempting to define the precise limits within which a court of equity will interfere to restrain parties from availing themselves of judgments obtained at law, it is perfectly safe to say that it has not the revisorj jurisdiction over them of a court of error or appeal. And this is as true of judgments obtained before a justice as it is of those obtained in a court of record. Where a justice of the peace has jurisdiction of the parties and the cause of action, and proceeds in the mode prescribed by law to judgment, the remedy for the correction of his errors,…

2Cited by3 opinions

  1. Pittsburg & Lake Erie Railroad v. PetersonSuperior Court of Pennsylvania · 1914
  2. Musano v. Cepek, Pennsylvania Court of Common Pleas, Westmoreland County1923
  3. Watson v. South Penn Telephone Co., Pennsylvania Court of Common Pleas, Greene County1928

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