Appeal of Gilroy
Supreme Court of Pennsylvania
Appeal from the Common Pleas of lackawanna county Of January Term 1882, No. 280. This was an appeal by Bichard Gilroy and others, from a decree of the said court, issuing and continuing a preliminary injunction against them.
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Appeal from the Common Pleas of lackawanna county Of January Term 1882, No. 280. This was an appeal by Bichard Gilroy and others, from a decree of the said court, issuing and continuing a preliminary injunction against them. On August 22d 1881 H. C. Miller and others filed a bill in equity, averring that they were duly elected school directors of the Borough of Archbald, that they had met and organized, had all the books and papers of the board, had levied a school tax, issued a duplicate, placed the same in the hands of a collector, employed teachers and directed the schools to be opened.…
1Opinion of the CourtJustice Green
This being an appeal from an order continuing a preliminary injunction, we do not pass upon the merits of the case, nor give any extended opinion upon the subject of the controversy. P was clearly error to grant the preliminary injunction in this case, for the reason that no affidavits were filed with the bill, setting out and supporting the facts therein stated. A mero general affidavit to the truth of the facts is entirely insufficient. Kincaid’s Appeal, 16 P. F. S. 411.
As the writ was issued without notice to the opposite party, no opportunity to object on this ground was afforded. It is…
2Cases cited1 opinion
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
3Cited by16 opinions
- Cella v. DavidsonSupreme Court of Pennsylvania · 1931
- Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
- Baur v. Wilkes-Barre Light Co.Supreme Court of Pennsylvania · 1917
- Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
- Williams's AppealSupreme Court of Pennsylvania · 1933
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