Legal Opinion

Hinnershitz v. United Traction Co.

Supreme Court of Pennsylvania

Decided May 11, 1903No. Appeals, Nos. 305, 306 and 307PublishedCited by 17 opinions

Appeals, Nos. 305, 306 and 307, Jan. T., 1902, by plaintiff, from decree of C. P., Berks Co., Equity Docket, 1899, Nos. 752, 756, dismissing bill in equity in case of Harrison S. Hinnershitz et al. v. United Traction Company and East Reading Electric Railway Company. Bill in equity for an injunction.

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Appeals, Nos. 305, 306 and 307, Jan. T., 1902, by plaintiff, from decree of C. P., Berks Co., Equity Docket, 1899, Nos. 752, 756, dismissing bill in equity in case of Harrison S. Hinnershitz et al. v. United Traction Company and East Reading Electric Railway Company. Bill in equity for an injunction. Endlich, J., stated the facts to be as follows : 1. In 1894, the East Reading Electric Railway Company, incorporated under Act of May 14, 1889, P. L. 211, in due form and with proper proceedings laid out a railway upon the Perkiomen and Reading Turnpike Road, in the township of Lower Alsace,…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Appellees move to quash these appeals on the ground that they were not taken within the statutory limitation of six months. The cases were heard on bill, answer and proofs, and the opinion of the court filed on January 6, 1902, directing a decree nisi, which was duly entered by the prothonotary, and notice in due course given but to only one of the appellants’ counsel. No exceptions were filed, and after ten days but before the actual entry of a final decree by the prothonotary in accordance with equity rule 65, appellants moved for leave to file exceptions nunc…

2Cases cited5 opinions

  1. Barlott v. ForneySupreme Court of Pennsylvania · 1898
  2. Cassidy v. KnappSupreme Court of Pennsylvania · 1895
  3. Palethorp v. PalethorpSupreme Court of Pennsylvania · 1898
  4. Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
  5. Brinton v. HogueSupreme Court of Pennsylvania · 1896

3Cited by17 opinions

  1. Borough of Sunbury v. Sunbury & Susquehanna Railway Co.Supreme Court of Pennsylvania · 1913
  2. Donegal Mutual Insurance v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 1988
  3. Crennell v. FultonSupreme Court of Pennsylvania · 1913
  4. Hanna EstateSupreme Court of Pennsylvania · 1951
  5. Chartiers Township AppealSupreme Court of Pennsylvania · 1964

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