Vandivort v. Hunter
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1919, by plaintiff, from decree of O. P. Butler Co., Sept. T., 1916, No. 3, dismissing bill in equity in case of Milton Vandivort v. John O. Hunter and Jessie M. Hunter, his wife. Bill in equity for an injunction. Before Rbiber, P. J. The court dismissed the bill. Plaintiff appealed. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It would seem that the cases of New Castle v. Raney, 130 Pa. 546; Mirkil v. Morgan, 134 Id. 144; Mowday v. Moore, 133 Pa. 528; Piro v. Shipley, 211 Pa. 36, all *587decided within recent years, ought to he sufficient to satisfy the professional mind that any attempt to bring this court into sympathy with and acceptance of what is called the modern doctrine, which teaches in the matter of restraining private nuisances equity has concurrent jurisdiction with the courts of law, would be unprofitable expenditure of time and effort: In Mowday v. Moore, supra, Mr. Justice…
2Cases cited3 opinions
- Piro v. ShipleySupreme Court of Pennsylvania · 1905
- City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
- Estate of GosnerPennsylvania Orphans' Court, Northampton County · 1890
3Cited by2 opinions
- Jones v. AmselSupreme Court of Pennsylvania · 1957
- Alexander v. Coatesville Boiler Works, Pennsylvania Court of Common Pleas, Chester County1930