Rauwolf v. Glass
Supreme Court of Pennsylvania
Appeal, No. 157, Oct. T., 1897, by defendant, from decree of C. P. No. 2, Allegheny County, April Term, 1896, No. 128, on bill in equity. Bill in equity to cancel an agreement, and to restrain proceedings upon a judgment. Before White, J. The facts appear by the opinion of the Supreme Court. Error assigned among others was decree awarding an injunction.
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The parties made an exchange, by written agreement, of a stock of goods in plaintiff’s store for certain real estate of appellant, and this is a bill to declare the agreement void for fraud in its making, and to enjoin further proceedings on a judgment in replevin obtained by appellant for the goods in the store. The answer sets up the judgment in replevin as an adjudication on the question of fraud and, therefore, a bar to the present bill.
It is open to very serious question whether the filing of a bill to restrain a judgment on grounds existing and known prior…
2Cases cited1 opinion
- Glass v. RauwolfSupreme Court of Pennsylvania · 1896
3Cited by16 opinions
- Wallace's EstateSupreme Court of Pennsylvania · 1934
- Jones v. CostlowSupreme Court of Pennsylvania · 1946
- David v. NemerofskyDistrict of Columbia Court of Appeals · 1945
- State Ex Rel. Connellsville By-Product Coal Co. v. Continental Coal Co.West Virginia Supreme Court · 1936
- Long v. Lebanon National BankSupreme Court of Pennsylvania · 1905
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