Mammoth Vein Consolidated Coal Co.'s Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Schuylkill county, in Equity, in a proceeding by bill of September 1866, in which the St. Clair Coal Company were complainants, and The Mammoth Vein Consolidated Coal Company and William H. Sheaffer, superintendent, were defendants. The appeal was by the defendants.
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Appeal from the decree of the Court of Common Pleas of Schuylkill county, in Equity, in a proceeding by bill of September 1866, in which the St. Clair Coal Company were complainants, and The Mammoth Vein Consolidated Coal Company and William H. Sheaffer, superintendent, were defendants. The appeal was by the defendants. On the 1st of February 1862, Henry C. Carey and others executed a lease to the firm of William Milnes, Jr., & Co., in which, besides the right to mine for coal on a portion of “ the Saint Clair tract,” granted by agreements in 1856 and 1858, they further leased to Milnes & Go.…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
We have examined the affidavits and other proofs exhibited pro and con. by the parties on the hearing of the motion for a preliminary injunction in this case, and the order or decree made in granting it. We cannot but regard the decree as much more in the nature of a-final, than a preliminary decree, for it not only enjoins, but directs what the defendants shall do. Indeed, the contest before the court seems to have left out of sight the true nature and object of the writ of injunction applied for, and became involved in questions about…
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