Hoffman v. Howell
Supreme Court of Pennsylvania
Appeal, No. 177, Jan. T,, 1913, by plaintiffs, from decree of C. P. McKean Co., June T., 1913, No. 1, in Equity, dissolving a preliminary injunction in case of E. J. Hoffman and C. M. Brooks v. Orville D. Howell. Bill in equity for an injunction to restrain defendant from drilling oil and gas wells on certain land.
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Appeal, No. 177, Jan. T,, 1913, by plaintiffs, from decree of C. P. McKean Co., June T., 1913, No. 1, in Equity, dissolving a preliminary injunction in case of E. J. Hoffman and C. M. Brooks v. Orville D. Howell. Bill in equity for an injunction to restrain defendant from drilling oil and gas wells on certain land. Before Bouton, P. J. From the record it appeared that Junius E. . Clark, and Edward K. Clark, being the owners of a tract of land situate in the Borough of Kendall, conveyed a part thereof to Wilson Green. The deed to Green contained the following reservation: ,: “The party of the…
1Opinion of the Court
Per Curiam,
This appeal is from an order dissolving a preliminary injunction restraining the defendant from drilling oil *114or gas wells on his own land. The injunction was granted on averments in the bill and injunction affidavit, some of which were not supported by proof at the hearing and others give rise to questions that cannot be properly considered until after final hearing and decree. Our established practice on appeals from the awarding or refusing of preliminary injunctions is not to consider the merits of the case, but only to determine whether under the facts presented in the Common…
2Cited by15 opinions
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- Lesher v. Thomas S. Gassner Co.Supreme Court of Pennsylvania · 1925
- Aldrich v. GeahrySupreme Court of Pennsylvania · 1948
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