Scheetz's Appeal
Supreme Court of Pennsylvania
Appeals in Equity from the Common Pleas of Montgomery. This was a hill in equity by William H. Scheetz and Francis S. Scheetz against Daniel Stout, for an injunction to restrain the defendant from obstructing them in the exercise of their right to enter upon a tract of land belonging to the defendant, in order to clean the bed of a stream called Sandy Run, by the waters of which the plaintiffs’ grist-mill was propelled.
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Appeals in Equity from the Common Pleas of Montgomery. This was a hill in equity by William H. Scheetz and Francis S. Scheetz against Daniel Stout, for an injunction to restrain the defendant from obstructing them in the exercise of their right to enter upon a tract of land belonging to the defendant, in order to clean the bed of a stream called Sandy Run, by the waters of which the plaintiffs’ grist-mill was propelled. The bill set forth that the complainants were the owners in fee, and occupiers of a certain tract of land in Springfield township, upon which was erected an ancient mill,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
These were cross appeals from the decree of the Court of Common Pleas in equity in the case of Scheetz v. Stout. Stout’s appeal we will dispose of first.
It has often been decided by this court, that the granting or refusing an issue, where the proceedings are in equity, is not the subject of a writ of error. This is a necessary result from the nature of the proceeding. A chancellor directs it as a means of informing his conscience as to disputed facts — but even when found by a jury in a particular way, they are not binding on him. He may…
2Cases cited2 opinions
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
3Cited by9 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- Oil City N. Bk., Exr. v. McCalmont, Exr.Supreme Court of Pennsylvania · 1931
- Knowles v. JacobsSuperior Court of Pennsylvania · 1897
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