Legal Opinion

Graeff v. Felix

Supreme Court of Pennsylvania

Decided July 17, 1901No. Appeal, No. 75PublishedCited by 11 opinions

Appeal, No. 75, Jan. T., 1901, by certain defendants, from decree of C. P. Berks Co., Equity Docket 1900, No. 771, on bill in equity in case of Moses K. Graeff v. George H. Felix, Frederick P. Heller, MatthanHarbster and Israel S. Fry, claiming to be the Board of Water Commissioners of the city of Reading, the City of Reading and Joseph P. O’Reilly. Bill in equity for an injunction. The facts sufficiently appear by the opinion of the Supreme Court.

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Appeal, No. 75, Jan. T., 1901, by certain defendants, from decree of C. P. Berks Co., Equity Docket 1900, No. 771, on bill in equity in case of Moses K. Graeff v. George H. Felix, Frederick P. Heller, MatthanHarbster and Israel S. Fry, claiming to be the Board of Water Commissioners of the city of Reading, the City of Reading and Joseph P. O’Reilly. Bill in equity for an injunction. The facts sufficiently appear by the opinion of the Supreme Court. Error assigned was the decree awarding an injunction.

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This decree must be reversed for want of equitable jurisdiction over the subject-matter of the controversy.

The bill was filed by a citizen and taxpayer of the city of Reading to enjoin the board of water commissioners organized and holding office under the Act of March 21, 1865, P. L. 455, from the purchase of certain property adjoining the Hampden reservoir. It appeared by the bill that the purchase had been duly authorized by the city councils, and the money appropriated to the water commissioners for that purpose. The gravamen of the bill, however, was that…

2Cited by11 opinions

  1. Shenango Furnace Co. v. Fairfield TownshipSupreme Court of Pennsylvania · 1911
  2. King v. ClarkSuperior Court of Pennsylvania · 1957
  3. Carney v. Penn Oil Co.Supreme Court of Pennsylvania · 1927
  4. McHenry County v. BradyNorth Dakota Supreme Court · 1917
  5. White v. Chester Municipal AuthoritySupreme Court of Pennsylvania · 1944

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