Legal Opinion

Smith's Appeal

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 29 opinions

Appeal from the Court of Common Pleas of Lehigh county, in equity : Of January Term 1886, No. 282. This was an appeal by Marshall L. Smith from a decree of said Court perpetually enjoining him from engaging in the manufacture of ochre within the county of Lehigh, Pennsylvania.

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Appeal from the Court of Common Pleas of Lehigh county, in equity : Of January Term 1886, No. 282. This was an appeal by Marshall L. Smith from a decree of said Court perpetually enjoining him from engaging in the manufacture of ochre within the county of Lehigh, Pennsylvania. On January 30th, 1885, William Jenks Fell filed the following bill: 1. That on the 23d day of May, Anno Domini one thousand eight hundred and eighty-three, Marshall L. Smith, together with Charles W. Smith and William N. Reazor, entered into a written covenant and contract with this complainant, of which contract the…

1Opinion of the CourtJustice Trtinkey

The plaintiff and defendant were two of the three stockholders of the corporation that owned the machinery and plant for the manufacture of ochre, located in Lehigh countju The firm of Smith & Reazor were carrying on the business under a lease, and were indebted in a small amount to their employés, and in a large amount for royalty. The plaintiff had issued execution on his judgment against said corporation, by virtue of which the sheriff had seized all its property, including property claimed by the defendant, and advertised the same for sale on May 24th, 1883.

On the day before the sheriff’s…

2Cited by29 opinions

  1. Jacobson & Co. v. International Environment Corp.Supreme Court of Pennsylvania · 1967
  2. Sidco Paper Company v. AaronSupreme Court of Pennsylvania · 1976
  3. Barb-Lee Mobile Frame Co. v. HootSupreme Court of Pennsylvania · 1965
  4. Harris Calorific Co. v. MarraSupreme Court of Pennsylvania · 1942
  5. Monongahela River Consolidated Coal & Coke Co. v. JutteSupreme Court of Pennsylvania · 1904

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