Griffiths v. Monongahela Railroad
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1911, by defendants, from decree of C. P. Fayette Co., No. 578, in equity, granting permanent injunction in case of John S. Griffiths v. Monongahela Railroad Company, a corporation, and M. J. McMename and L. F. Sims, partners doing business as McMename & Sims. Bill in equity to restrain diversion of a water course. Before Van Swearingen, J. The opinion of the Supreme Court states the case. Error assigned was, among others, the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The record in this case shows that no final decree has *640ever been entered. The findings of the trial judge were filed June 15, 1910, with a decree annexed awarding a permanent injunction. On June 23,1910, exceptions were filed to the finding and decree. On January 10, 1911, an order was made by which the exceptions were “overruled and dismissed.” The former decree, which under the equity rule must be regarded as a decree nisi, was not confirmed, and no other decree was entered. When an •appeal is taken without a final decree having been entered, the rule is to…
2Cases cited4 opinions
- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Kenworthy v. Equitable Trust Co.Supreme Court of Pennsylvania · 1907
- Pittsburg Stove & Range Co. v. Pennsylvania Stove Co.Supreme Court of Pennsylvania · 1904
- Gaynor v. QuinnSupreme Court of Pennsylvania · 1905
3Cited by7 opinions
- HANKIN v. GoodmanSupreme Court of Pennsylvania · 1968
- Coleman v. HuffmanSupreme Court of Pennsylvania · 1944
- Scranton Gas & Water Co. v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1913
- Paul v. SmithSupreme Court of Pennsylvania · 1941
- St. Clair Borough v. SouilierSupreme Court of Pennsylvania · 1912
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