Conrad v. O'Boyle
Superior Court of Pennsylvania
Appeal, No. .4, March T., 1911, by plaintiffs, from decree of C. P. Lackawanna Co., June T., 1910, No. 1, sustaining demurrer to bill in equity in case of A. L. Conrad et al. v. Patrick'O’Boyle and Martin O’Boyle,. doing business as O’Boyle Brothers, and the Borough of Dunmore. Bill in equity for an injunction. Newcomb, J., filed the following opinion: A firm of contractors and the borough of Dunmore are sued jointly.
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Appeal, No. .4, March T., 1911, by plaintiffs, from decree of C. P. Lackawanna Co., June T., 1910, No. 1, sustaining demurrer to bill in equity in case of A. L. Conrad et al. v. Patrick'O’Boyle and Martin O’Boyle,. doing business as O’Boyle Brothers, and the Borough of Dunmore. Bill in equity for an injunction. Newcomb, J., filed the following opinion: A firm of contractors and the borough of Dunmore are sued jointly. The plaintiffs, three in number, join in the bill as taxpayers, thus asserting a common interest in the subject-matter. The prayer of the bill is for mandatory injunctions: (1)…
1Opinion of the Court
Opinion by
Head, J.,
This appeal could with propriety be quashed. It comes from no final or definitive decree of the court below. To the bill filed by the plaintiffs the respondents demurred. The order entered in the court below, from which this appeal is taken, is “these demurrers are sustained.” The bill has never been dismissed. It is still lodged in the court below. Rule thirty-five of the equity rules reads as follows: “If, upon the hearing, any demurrer or plea shall be allowed, the court may, in its discretion, upon motion of the plaintiff, allow him to amend his bill upon such terms as…