Legal Opinion

Fredericks v. Huber

Supreme Court of Pennsylvania

Decided April 12, 1897No. Appeal, No. 49PublishedCited by 51 opinions

Appeal, No. 49, Jan. T., 1897, by defendants, from decree of C. P. Schuylkill Co., Jan. T., 1895, No. 5, granting preliminary injunction. Bill in equity for an injunction and to obtain possession of a church. The facts appear by the opinion of the Supreme Court. The court granted a mandatory injunction dispossessing the respondents and putting the complainant in control of the church. Error assigned was in granting the injunction.

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Appeal, No. 49, Jan. T., 1897, by defendants, from decree of C. P. Schuylkill Co., Jan. T., 1895, No. 5, granting preliminary injunction. Bill in equity for an injunction and to obtain possession of a church. The facts appear by the opinion of the Supreme Court. The court granted a mandatory injunction dispossessing the respondents and putting the complainant in control of the church. Error assigned was in granting the injunction. The preliminary injunction was improvidently granted: Kincaid’s App., 66 Pa. 411; Gilroy’s App., 100 Pa. 7; 4 Brightly’s Digest, part. 1, 7, 559; Picar v. Bovolak,…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This injunction was very improvidently granted. The complainants were confessedly not in actual possession of the church, and they had admitted themselves out of legal possession by bringing an action of ejectment against the respondents. Yet on a preliminary hearing, not conducted by the examination of witnesses under the new equity rules, but without evidence except a part of the bill sworn to as an injunction affidavit, and a single other ex parte affidavit,' and in the face of a responsive answer denying the facts set up in the bill, a mandatory injunction…

2Cases cited7 opinions

  1. Audenried v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1871
  2. Krecker v. ShireySupreme Court of Pennsylvania · 1894
  3. Cooke v. BoyntonSupreme Court of Pennsylvania · 1890
  4. Easton Pass. Ry. Co. v. City of Easton, Pennsylvania Court of Common Pleas, Northampton County1890
  5. Whiteman v. Fayette Fuel-Gas Co.Supreme Court of Pennsylvania · 1891

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3Cited by51 opinions

  1. Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
  2. Warner Bros. Pictures, Inc. v. GittoneCourt of Appeals for the Third Circuit · 1940
  3. Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
  4. McMullan v. WOHLGEMUTHSupreme Court of Pennsylvania · 1971
  5. Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906

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