Legal Opinion

Freseman v. Purvis

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 25PublishedCited by 2 opinions

Appeal, No. 25,- April T., 1912, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1910, No. 169, certifying case to the law side of-the court in suit of H. C. Freseman v. Oliver B. Purvis, Bill in equity for an injunction.

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Appeal, No. 25,- April T., 1912, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1910, No. 169, certifying case to the law side of-the court in suit of H. C. Freseman v. Oliver B. Purvis, Bill in equity for an injunction. Shaper, J., filed the following opinion: The bill alleges that the plaintiff and defendant are owners of adjoining lots in the city of Pittsburg; that each of these lots is higher than the street, and higher in the rear than in the front; that the plaintiff’s lot in the rear is much higher than that of the defendant; that the plaintiff built a house upon…

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiff filed a bill in equity praying for a mandatory injunction to compel restoration of lateral support to land. The defendant filed an answer which, amongst other things, alleged that the plaintiff had a full, complete and adequate remedy at law; that the court, sitting as a court of equity, had no jurisdiction to grant the relief prayed for; and that the suit should have been brought at law. After hearing upon this preliminary issue, as provided in sec. 2 of the Act of June 7, 1907, P. L. 440, the court, in a well-considered opinion (which we refer to for an…

2Cases cited11 opinions

  1. McGettigan v. PottsSupreme Court of Pennsylvania · 1892
  2. Pile v. PedrickSupreme Court of Pennsylvania · 1895
  3. Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
  4. Matulys v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1902
  5. McClelland v. SchwerdSuperior Court of Pennsylvania · 1907

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3Cited by2 opinions

  1. Home Brewing Co. v. Thomas Colliery Co.Supreme Court of Pennsylvania · 1922
  2. McKeand v. SkirbollSuperior Court of Pennsylvania · 1913

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