Thomas v. Borden
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1908, by plaintiff, from decree of C. P. No. 2, Phila. Co., Sept. T., 1907, No. 1,196, dismissing bill in equity in case of John D. Thomas v. "Walter A. Borden. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 96, Jan. T., 1908, by plaintiff, from decree of C. P. No. 2, Phila. Co., Sept. T., 1907, No. 1,196, dismissing bill in equity in case of John D. Thomas v. "Walter A. Borden. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Sulzber&er, J., the trial judge, entered a decree as follows: And now, December 8,1907, the trial judge, upon the close of complainant’s evidence, being of opinion that the case made in the bill has not been sustained, hereby orders and decrees that the bill in equity filed in this case be dismissed at plaintiff’s…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
That there may be an end to these proceedings and that the appellant may know his bill was properly dismissed, we have concluded not to quash his appeal, though there are good reasons for doing so. The notes of testimony have not been certified by either the official stenographer or the trial judge. When the plaintiff closed his case on the hearing below the following decree was made by the trial judge: “ And now, December 3, 1907, the trial judge, upon the close of complainant’s evidence, being of opinion that the case made in the bill has not been sustained,…
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