Big Mountain Improvement Co.'s Appeal
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was a bill in equity by Thomas Baumgardner against The Big Mountain Improvement Company and William P. Jenks, President, Charles W. Trotter, William A. Atlee, Thomas Shipley and D. C. Wharton, Directors of said company, filed April 14th 1862. The defendants filed a joint answer August 4th; the complainants replied October 4th 1^62, and same day the bill, answer and replication were referred to Garrick Mallery, Esq., as examiner and master.
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Certificate from Nisi Prius. This was a bill in equity by Thomas Baumgardner against The Big Mountain Improvement Company and William P. Jenks, President, Charles W. Trotter, William A. Atlee, Thomas Shipley and D. C. Wharton, Directors of said company, filed April 14th 1862. The defendants filed a joint answer August 4th; the complainants replied October 4th 1^62, and same day the bill, answer and replication were referred to Garrick Mallery, Esq., as examiner and master. There were numerous matters complained of in the bill, hut the appeal limited the inquiry to one question. With reference…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The plaintiff’s bill contains a variety of'matters in regard to which relief was prayed, but was refused by the *369master, with a single exception, for good reasons, as his. report abundantly shows, and affirmed by my brother Strong on a hearing at Nisi Prius. The subject excepted from this result was a prayer for an injunction to restrain the defendants from prosecuting an action of ejectment brought in Northumberland county for the recovery of the possession of about three acres of land, occupied by the plaintiff as the site of a…
2Cited by10 opinions
- McDougall v. Huntingdon & Broad Top R. & C. Co.Supreme Court of Pennsylvania · 1928
- Babcock Lumber Co. v. FaustSuperior Court of Pennsylvania · 1944
- Thatcher's Drugs of West Goshen, Inc. v. Consolidated Supermarkets, Inc.Supreme Court of Pennsylvania · 1990
- Titusville Oil Exchange v. WitheropSuperior Court of Pennsylvania · 1896
- Cherry v. Harrison, Pennsylvania Court of Common Pleas, Alleghany County1971
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