Legal Opinion

Morgan's Appeal

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 7 opinions

Appeal from a decree of the Court of Common Pleas of Blair county: Of July Term 1883, No. 119. This was an appeal from a decree of said court dissolving a preliminary injunction and dismissing complainants’ bill. Bill in equity, wherein Amelia S. Morgan, administratrix of the estate of George P. Morgan, deceased, and Nannie B. Morgan, a daughter of said George P. Morgan, by her guardian John Hurd, were complainants and Edmund Mountney and J. Levan Metzgar were defendants.

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Appeal from a decree of the Court of Common Pleas of Blair county: Of July Term 1883, No. 119. This was an appeal from a decree of said court dissolving a preliminary injunction and dismissing complainants’ bill. Bill in equity, wherein Amelia S. Morgan, administratrix of the estate of George P. Morgan, deceased, and Nannie B. Morgan, a daughter of said George P. Morgan, by her guardian John Hurd, were complainants and Edmund Mountney and J. Levan Metzgar were defendants. The material averments of the bill were as follows: George P. Morgan died intestate on February 25th, 1874, leaving his…

1Opinion of the CourtJustice Gordon

delivered the opinion of the court, October 5th, 1885.'

We think the court below has misconstrued the character of the bill under consideration. It seems there to have been regarded as merely an attempt to renew the contention which had been previously settled under the rule of the 24th of March, 1879, to show cause why the judgment on the scire facias should not be set aside. Were it intended simply to re-open this controversy and thus get a rehearing of that which a competent jurisdiction had finally passed upon at the time mentioned, we would certainly agree that the plaintiffs *275were…

2Cases cited1 opinion

  1. Watt v. ScottSupreme Court of Pennsylvania · 1834

3Cited by7 opinions

  1. Murray v. WeigleSupreme Court of Pennsylvania · 1888
  2. Greenough v. SmallSupreme Court of Pennsylvania · 1890
  3. Crawford's EstateSupreme Court of Pennsylvania · 1908
  4. Sherwood Bros. Co. v. KennedySuperior Court of Pennsylvania · 1938
  5. Straw v. MurphySupreme Court of Pennsylvania · 1897

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