Madlem's Appeal
Supreme Court of Pennsylvania
Certioraei to, and appeal from the Court of Common-Pleas of Lancaster county: Of July Term 1882, No. 83. Bill in equity, filed June 2d 1880, by Lorenz Noble, et al., claiming to be trustees of the “ Seventh Day Baptists of Epkrata ” against A. E. Madlem, et al., who also claimed to be such trustees, praying for an injunction to restrain the defendants from interfering with the plaintiffs, in their office as trustees.
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Certioraei to, and appeal from the Court of Common-Pleas of Lancaster county: Of July Term 1882, No. 83. Bill in equity, filed June 2d 1880, by Lorenz Noble, et al., claiming to be trustees of the “ Seventh Day Baptists of Epkrata ” against A. E. Madlem, et al., who also claimed to be such trustees, praying for an injunction to restrain the defendants from interfering with the plaintiffs, in their office as trustees. Upon the same day a preliminary injunction was awarded as follows •; “ And now, June 2d 1880, the above bill being presented to •me in chambers, the several defendants having had…
1Opinion of the CourtJustice Paxson
The decree in this case was entered in the court below by the additional law judge, the president judge being present and dissenting. The court was therefore equally divided, and the rule in such cases is that no valid order or decree can be made. If there is a motion before the court, it falls. This is the rule everywhere, and it requires no argument to vindicate it. Equal divisions sometimes occur in this court, owing to the absence of one- of its members. The only order we can make in such a case is to affirm the judgment or decree of the court below. The plaintiff in error, or appellant,…
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