Cannon v. Wickham
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1913, by defendants, from decree of C. P. Luzerne Co., March T., 1913, No. 10, in Equity, awarding preliminary injunction in case of Celestine T. Cannon and Joseph H. Wagner v. Charles L. Wickham and Hiram L. Hess. Bill in equity for injunction. Before Fuller, P. J. The opinion of the Supreme Court states the case. On motion for preliminary injunction, the court, after hearing evidence in support of the bill, awarded the injunction.
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Appeal, No. 161, Jan. T., 1913, by defendants, from decree of C. P. Luzerne Co., March T., 1913, No. 10, in Equity, awarding preliminary injunction in case of Celestine T. Cannon and Joseph H. Wagner v. Charles L. Wickham and Hiram L. Hess. Bill in equity for injunction. Before Fuller, P. J. The opinion of the Supreme Court states the case. On motion for preliminary injunction, the court, after hearing evidence in support of the bill, awarded the injunction. Defendants appealed. Errors assigned were in admitting certain evidence, and the decree of the court.
1Opinion of the Court
Per Curiam,
This appeal is from an order awarding a preliminary injunction restraining the defendants from entering upon land of the plaintiffs or interfering with them in their use and enjoyment thereof. The errors assigned are to the admission of testimony and to the refusal of the court to dismiss the bill for want of jurisdiction in equity or to certify it to the law side of the court. The first will not be considered as the testimony is not set out in the assignments and the second is without merit. The bill was not an ejectment bill since it was alleged that the title of the land and the…
2Cases cited1 opinion
- Delaware & Hudson Co. v. Olyphant BoroughSupreme Court of Pennsylvania · 1909