Head v. Meloney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1. of Allegheny county: Of October and November Term, 1885. This was an action on the case brought to June Term, 1883, by George J. S. Head against Samuel J. Meloney, Julia A. Meloney and James A. Ewing, to recover damages for mining and carrying away 61,000 bushels of coal and a number of timber trees from a certain tract of land in Collier township; Allegheny county. The defendants pleaded “ not guilty.”
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Error to the Court of Common Pleas No. 1. of Allegheny county: Of October and November Term, 1885. This was an action on the case brought to June Term, 1883, by George J. S. Head against Samuel J. Meloney, Julia A. Meloney and James A. Ewing, to recover damages for mining and carrying away 61,000 bushels of coal and a number of timber trees from a certain tract of land in Collier township; Allegheny county. The defendants pleaded “ not guilty.” On the trial it appeared that on the 2d of June, 1881, Samuel J. and Julia Meloney were seized of the tract which was the locus in quo, and on that…
1Opinion of the CourtJustice Clark
There is but a single question for our determination in this case : “ Is the plaintiff estopped, by the decree in the equity suit for specific performance, from maintaining an action at law for an injury to the property, which was the subject of the equity suit, committed during the pendency of the equity litigation ? ”
It must be conceded, we think, that upon the bill for specific performance the Court of Common Pleas of Allegheny county, sitting as a court of equity, had full jurisdiction to award the damages to the plaintiff, for the coal carried away and for the timber cut on the land,…
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