Russell v. Howe
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1906, by defendants, from decree of C. P. Juniata Co., April T., 1904, No. 1, on bill in equity in case of George L. Russell v. Dr. Herbert M. Howe, Prank P. Howe, John Markle and Donald F. Bush, .trading as the Rockhill Furnace Company. Bill in equity for an injunction and an account. The facts are stated in the opinion of the Superior Court. Error assigned was decree in favor of the plaintiff.
1Opinion of the Court
Opinion by
Morrison, J.,
This is a bill in equity to restrain defendants from removing certain iron ore which had been mined and delivered at a wharf *592on the bank of the Pennsylvania canal, and for an accounting. The learned court having entered a final decree in favor of the plaintiff for the sum of $1,075 and costs, the defendants appealed.
A careful examination of the record fails to disclose to us any ground whatever to sustain equitable jurisdiction in this case, except the giving of a bond by the defendants and a stipulation that the case should be tried on its merits in equity. As we…
2Cases cited9 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- Baldwin v. TaylorSupreme Court of Pennsylvania · 1895
- Meigs's AppealSupreme Court of Pennsylvania · 1869
- Harris v. BrownSupreme Court of Pennsylvania · 1902
- Lehigh Coal Co. v. Wilkes-Barre & Eastern RailroadSupreme Court of Pennsylvania · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. BridySupreme Court of Pennsylvania · 1957
- Gilberton Coal Co. v. SchusterSupreme Court of Pennsylvania · 1961
- Baker v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Schuylkill County1921