Willing v. Mazzocone

I agree with the opinion of Mr. Justice Manderino that appellant’s indigency does not justify the Superior Court’s radical departure from the long-standing general rule that equity will not enjoin a defamation. In Heilman v. Union Canal Company, 37 Pa. 100, 104 (1860), this Court said:

“The fact, if it be so, that this remedy may not be successful in realizing the fruits of a recovery at law, on account of the insolvency of the defendants, is not of itself a ground of equitable interference. The remedy is what is to be looked at. If it exist [sic], and is ordinarily adequate, its possible want…