Titus v. Mapel-Sterling Coal Co.

Opinion by

Mr. Justice Linn,

We all agree that the preliminary injunction, granted pursuant to Equity Exile 38 on bill and affidavits, should have been continued on the evidence taken at the subsequent hearing, and that the order dissolving it was wrong. In our review, in accord with the established rule, we inquire only whether, on the facts developed at this stage of the pi’oceeding, the injunction should have been continued, necessarily withholding any expression of opinion on the merits until after final hearing and decree: Casinghead Gas Co. v. Osborn, 269 Pa. 395, 112 A. 469.

The…