Miller v. Lynch
Supreme Court of Pennsylvania
Appeal, No. 138, Jan T., 1892, by defendants, John C. Lynch and Elizabeth J. Lynch, from decree of C. P. Phila. Co., June T., 1887, No. 1197, enjoining defendants at the suit of Robert Miller, plaintiff. Bill for an injunction to restrain defendants from building over an alley. An answer having been filed, the case was referred to George F. Munce, first as examiner and then as master.
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Appeal, No. 138, Jan T., 1892, by defendants, John C. Lynch and Elizabeth J. Lynch, from decree of C. P. Phila. Co., June T., 1887, No. 1197, enjoining defendants at the suit of Robert Miller, plaintiff. Bill for an injunction to restrain defendants from building over an alley. An answer having been filed, the case was referred to George F. Munce, first as examiner and then as master. The facts appear by his report as master, which was as follows : “ On September 12, 1887, a bill in equity was filed by plaintiff, complaining: “ That he was the owner of premises on south side of Titan street,…
1Opinion of the Court
Per Curtam,
Most of the specifications of error are to the findings of fact by the master. These findings were approved by the court below and have not been shown to be erroneous. The facts as found fully justify the decree. In the twelfth specification, however, it is alleged that the court erred in dismissing the following exception to the master’s report. “ In not reporting that the title to the soil of the alley in dispute was at least in controversy and doubt, and relegating the parties to their action at law to determine the ownership of same.” We are in no doubt as to the jurisdiction…
2Cases cited1 opinion
- Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
3Cited by15 opinions
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