Commonwealth v. Schall

Opinion by

President Judge Bowman,

The narrow and novel issue raised in this appeal is whether the lower court erred in refusing to grant the Commonwealth an evidentiary hearing on its motion for preliminary injunction filed incident to its commencement of litigation by a complaint in equity.

The order appealed from is one which passes upon preliminary objections filed by defendants and which directs the case to be assigned for hearing on the merits after the pleadings have been closed. The refusal to conduct a hearing on plaintiff’s motion for a preliminary injunction is found in the opinion…