Drum v. Dinkelacker
Supreme Court of Pennsylvania
Appeal, No. 88, Jan. T., 1919, by defendant, from decree of C. P. Luzerne Co., Jan. T., 1916, No. 2, enlarging a decree awarding a preliminary injunction, in case of Carrie M. Drum, Nora Drum and Lottie E. Drum v. George W. Dinkelacker. Bill in equity for an injunction. Before Garman, J. The opinion of the Supreme Court states the facts. The court awarded a preliminary injunction which was subsequently enlarged as appears by the opinion of the Supreme Court.
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Appeal, No. 88, Jan. T., 1919, by defendant, from decree of C. P. Luzerne Co., Jan. T., 1916, No. 2, enlarging a decree awarding a preliminary injunction, in case of Carrie M. Drum, Nora Drum and Lottie E. Drum v. George W. Dinkelacker. Bill in equity for an injunction. Before Garman, J. The opinion of the Supreme Court states the facts. The court awarded a preliminary injunction which was subsequently enlarged as appears by the opinion of the Supreme Court. Defendant appealed. Errors assigned were the decrees of the court.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
On May 10,1916, plaintiffs filed a bill in equity complaining that the defendant had erected a garage upon and thereby closed up an alley which belonged to them and was appurtenant to their other property, and had *394also obstructed the alley with lumber, ashes and other materials. They prayed a preliminary injunction against further encroachment and obstruction, a final decree for removal and restoration, and for damages.
Upon the filing of the bill, the court below granted a preliminary injunction against further encroachment and obstruction, plaintiffs entering a…
2Cases cited1 opinion
- Appeals of Sheaffer & HeckscherSupreme Court of Pennsylvania · 1882
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- Roth v. Columbia Distributing Co.Supreme Court of Pennsylvania · 1952
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