Davis v. Porch Bros.
Supreme Court of Pennsylvania
Appeal, No. 148, Oct. T., 1920, by plaintiffs, from decree of C. P. Cambria Co., Sept. T., Equity D., 1920, dissolving preliminary injunction and dismissing bill in equity in case of J. A. Davis and William Whitney, copartners, trading as “The Franklin” v. Porch Bros., Incorporated. Reversed in part. Bill in equity for injunction to restrain possessory proceedings and cancel lease. Before O’Connor, J. The opinion of the Supreme Court states the case.
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Appeal, No. 148, Oct. T., 1920, by plaintiffs, from decree of C. P. Cambria Co., Sept. T., Equity D., 1920, dissolving preliminary injunction and dismissing bill in equity in case of J. A. Davis and William Whitney, copartners, trading as “The Franklin” v. Porch Bros., Incorporated. Reversed in part. Bill in equity for injunction to restrain possessory proceedings and cancel lease. Before O’Connor, J. The opinion of the Supreme Court states the case. The court dissolved the preliminary injunction previously granted and on its own motion dismissed the bill. Plaintiff appealed. Errors assigned…
1Opinion of the Court
Per Curiam,
This appeal is from the dissolution of a preliminary injunction and from the dismissal at the same time by the court, of its own motion, of plaintiffs’ bill before answer had been filed. The appeal from the decree as to the first is dismissed, as there were reasonable grounds for the action of the court below: Hoffman v. Howell, 242 Pa. 112; Deal v. Erie Coal & Coke Company, 246 Pa. 552. The dismissal of the bill, not even asked for by counsel for defendant, before an answer had been filed, was wholly irregular, and the action of the court in dismissing it must be reversed.
The…
2Cases cited2 opinions
- Hoffman v. HowellSupreme Court of Pennsylvania · 1913
- Deal v. Erie Coal & Coke Co.Supreme Court of Pennsylvania · 1914
3Cited by7 opinions
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- Allegheny County v. Milk Control CommissionSupreme Court of Pennsylvania · 1965
- Swainbank v. YoderSuperior Court of Pennsylvania · 1922
- Stefanich v. Beaver FallsSuperior Court of Pennsylvania · 1921
- Maroni v. West Penn Power Co.Superior Court of Pennsylvania · 1927
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