Legal Opinion

Schmoele v. Betz

Supreme Court of Pennsylvania

Decided May 8, 1905No. Appeal, No. 23PublishedCited by 24 opinions

Appeal, No. 23, Jan. T., 1905, by plaintiff, from decree of C. P. No. 5, Phila. Co., March T., 1904, No. 1879, dismissing bill in equity in case of Charles Schmoele and Ida Schmoele, trustees, v. John F. Betz and John G. Jermon. Bill in equity for an injunction. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. The court entered a decree dismissing the bill. Errors assigned, amongst others was decree dismissing the bill.

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

This bill was filed to restrain the defendants from maintaining a fire escape over and across an alley in the rear of the' plaintiff’s premises. The facts which we deem material and were found by the trial judge and not excepted to are the following:

1. The plaintiffs are the owners of a leasehold estate for 999 years in the lot of ground No. 246 N. Franklin street, Philadelphia, containing in front on Franklin street twenty feet and extending of that width westward between parallel lines at right angles with Franklin street one hundred and twenty-two feet eight…

2Cases cited8 opinions

  1. Coleman's AppealSupreme Court of Pennsylvania · 1869
  2. Greene v. CannyMassachusetts Supreme Judicial Court · 1884
  3. Kirkham v. SharpSupreme Court of Pennsylvania · 1836
  4. Ellis v. Academy of MusicSupreme Court of Pennsylvania · 1888
  5. Appeal of Hacke & HugusSupreme Court of Pennsylvania · 1882

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3Cited by24 opinions

  1. Bickler v. BicklerTexas Supreme Court · 1966
  2. Percy A. Brown & Co. v. RaubSupreme Court of Pennsylvania · 1947
  3. Mercantile Library Co. v. Fidelity Trust Co.Supreme Court of Pennsylvania · 1912
  4. Rogoff v. the Buncher Co.Supreme Court of Pennsylvania · 1959
  5. Kanefsky v. Dratch Construction Co.Supreme Court of Pennsylvania · 1954

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