Brower v. Kantner
Supreme Court of Pennsylvania
Appeal, No. 47, Jan. T., 1899, by plaintiffs, from decree of C. P. Schuylkill Co., Oct. T., 1898, No. 162, dismissing bill in equity. Bill in equity for an injunction. From the record it appeared that Calvin W. Brower had been appointed warden of the Schuylkill county prison, and that Elizabeth Brower had been appointed matron of the same by the county commissioners.
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Appeal, No. 47, Jan. T., 1899, by plaintiffs, from decree of C. P. Schuylkill Co., Oct. T., 1898, No. 162, dismissing bill in equity. Bill in equity for an injunction. From the record it appeared that Calvin W. Brower had been appointed warden of the Schuylkill county prison, and that Elizabeth Brower had been appointed matron of the same by the county commissioners. The bill set forth an attempt upon the part of the county commissioners to remove the complainants from these positions. The prayer of the bill was, “that the defendants be restrained by preliminary injunction until hearing, and…
1Opinion of the Court
Per Curiam,
This appeal is from the decree dismissing the bill, at plaintiffs’ costs, for want of jurisdiction.
After referring to the material facts and fully considering the question of jurisdiction raised by the answers of some of the defendants, the learned president of the common pleas came to the conclusion that if the plaintiffs have a good cause of action, arising out of the averments of fact set forth in the bill, their remedy is not in equity, but at law, by a writ of quo warranto; and he accordingly dismissed the bill.
For reasons fullystated by him,-we are not only satisfied that…
2Cited by16 opinions
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