Tunis v. Hestonville, Mantua & Fairmount Pass. R. R.
Supreme Court of Pennsylvania
Appeal, No. 432, Jan. T., 1892, by deféndants, the Hestonville, Mantua & Fairmount Passenger Railroad Company, Charles H. Lafferty and others, from decree of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 399, dismissing the exceptions to and confirming report of master, etc. Bill in equity for the appointment of a master to preside at the annual meeting of the Hestonville, Mantua & Fairmount Passenger Railroad Company, and to supervise the election for president and directors.
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Appeal, No. 432, Jan. T., 1892, by deféndants, the Hestonville, Mantua & Fairmount Passenger Railroad Company, Charles H. Lafferty and others, from decree of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 399, dismissing the exceptions to and confirming report of master, etc. Bill in equity for the appointment of a master to preside at the annual meeting of the Hestonville, Mantua & Fairmount Passenger Railroad Company, and to supervise the election for president and directors. The material allegations in the bill sufficiently appear in the opinion of the Supreme Court. No answer was filed; but…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This was not, as contended by the learned counsel for the appellees, merely an appeal from the granting of a preliminary injunction. It was an appeal from what was practically a final decree, made upon the report of the master, with all the facts before the court. The injunction referred to was issued in aid of, and to enforce the decree of the court. Hence, we need not refer to the cases in which we have held that, upon appeals from preliminary injunctions, we do not pass upon the merits, but decide merely whether the injunction shall be dissolved or remain…
2Cited by13 opinions
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- Salgo v. MatthewsCourt of Appeals of Texas · 1973
- Steinberg v. American Bantam Car Co.District Court, W.D. Pennsylvania · 1948
- Jenkins v. BaxterSupreme Court of Pennsylvania · 1894
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
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