Citizens Passenger Ry. v. East Harrisburg Passenger Ry.
Supreme Court of Pennsylvania
Appeal, No. 17, May T., 1894, by defendant, from decree of C. P. Dauphin Co., No. 178, Equity Docket. Motion for rule to show cause why appeal should not be declared supersedeas, and restraining order be issued. From the record it appeared that on Aug. 28, 1893, plaintiff company filed a bill in equity praying the court for a decree to permit them to construct a crossing over the tracks of defendant company.
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Appeal, No. 17, May T., 1894, by defendant, from decree of C. P. Dauphin Co., No. 178, Equity Docket. Motion for rule to show cause why appeal should not be declared supersedeas, and restraining order be issued. From the record it appeared that on Aug. 28, 1893, plaintiff company filed a bill in equity praying the court for a decree to permit them to construct a crossing over the tracks of defendant company. After answer filed, and submission to a master, the court entered a decree permitting the crossing to be made. Defendant company took its appeal Feb. 24,1894, entered into recognizance in…
1Opinion of the Court
Per Curiam,
This appeal having been regularly taken by defendant company from the decree of the court below, without any special order of said court, and recognizance in the sum of $8,000, conditioned to prosecute said appeal with effect, etc., having been given by appellant and approved by said court, we are of opinion that said appeal operates as a supersedeas of all proceedings by plaintiff company under and by virtue of said decree.
It is therefore ordered and decreed that the stay of proceedings, heretofore ordered by this court, be and the same is hereby continued until the final…
2Cited by6 opinions
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Williams v. WilliamsSupreme Court of Alabama · 1954
- Thomas v. ThomasCourt of Appeals of Maryland · 1982
- Githens v. GithensSupreme Court of Colorado · 1925
- Martin v. MartinSupreme Court of Florida · 1953
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