Taylor's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Philadelphia. county: Of January Term 1879, No. 119. In Equity. Bill in equity filed by Henry Moore against William H. Taylor, William II. Wright, sheriff, and William J. Moore. The bill alleged that in May 1877, William J. Moore made a contract with H. H. Corbin to lay the bricks in the erection of certain houses, for which he was to be paid partly in cash and partly with one of the houses to be erected. On May 22d 1877, II.
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Appeal from the Court of Common Pleas, No. 2, of Philadelphia. county: Of January Term 1879, No. 119. In Equity. Bill in equity filed by Henry Moore against William H. Taylor, William II. Wright, sheriff, and William J. Moore. The bill alleged that in May 1877, William J. Moore made a contract with H. H. Corbin to lay the bricks in the erection of certain houses, for which he was to be paid partly in cash and partly with one of the houses to be erected. On May 22d 1877, II. II. Corbin assigned all his interest as builder to 13. R. Corbin, who thereupon assumed the liabilities of H. H. Corbin…
1Opinion of the CourtJustice Sterrett
It cannot be doubted that under certain circumstances the power of a court of equity to restrain an execution-creditor from proceeding to sell may be properly invoked; but, as was said in Winch’s Appeal, 11 P. F. Smith 424, “ it is only where the creditor is clearly and undeniably proceeding, against right and justice, to abuse the process of the law to the injury of another, that equity intervenes to stay his hand.”
Tested by this principle, the appellee was not entitled to the special injunction. The appellant, in his affidavit or answer as it is termed, positively denies that he knew…
2Cited by15 opinions
- American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1923
- Hyde v. BakerSupreme Court of Pennsylvania · 1905
- Simon v. SorrentinoSuperior Court of Pennsylvania · 1941
- Brackin v. Welton Engineering Co.Supreme Court of Pennsylvania · 1925
- Artman v. GilesSupreme Court of Pennsylvania · 1893
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