Appeal of Dick
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas, of McKean county: In Equity: Of January Term, 1884, No. 359. Appeal by Samuel B. Dick and Gibbs & Sterrett Manufacturing Company, plaintiffs in a bill in equity for an injunction and an account from a decree of said court refusing to allow plaintiffs’ counsel to amend, bjr filing, nunc pro tunc, the statement required by the Act of October 13,1840, granting to the Supreme and District Courts, and the Courts of Common Pleas, chancery…
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Certiorari to the Court of Common Pleas, of McKean county: In Equity: Of January Term, 1884, No. 359. Appeal by Samuel B. Dick and Gibbs & Sterrett Manufacturing Company, plaintiffs in a bill in equity for an injunction and an account from a decree of said court refusing to allow plaintiffs’ counsel to amend, bjr filing, nunc pro tunc, the statement required by the Act of October 13,1840, granting to the Supreme and District Courts, and the Courts of Common Pleas, chancery jurisdiction in settling certain accounts. The bill, which was filed April 12, 1881, set out that the plaintiffs therein…
1Opinion of the CourtJustice Trunkey
Section thirty-nine of the Act of June 13, 1840, P. L., 671, extends the equity jurisdiction of the Supreme Court and of the Court of Common Pleas within the county of Philadelphia, to all cases arising in said county, over which courts of chancery entertain jurisdiction on the ground of fraud, accident, mistake or account. And the jurisdiction is given “whether such fraud, accident, mistake, or account be actual or constructive: ” Act of April 16,1845, Sec. 3, P. L., 542. By the Act of February 14, 1857, “The Courts of Common Pleas of the several counties of this Commonwealth, in addition to…
2Cited by4 opinions
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- Nevin v. CatanachSupreme Court of Pennsylvania · 1919
- Horwitz v. WohlmuthSuperior Court of Pennsylvania · 1917
- Calabria v. State Workmen's Insurance FundSuperior Court of Pennsylvania · 1938