Legal Opinion

Adams's Appeal

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 22 opinions

Appeal from the Court of Common Pleas of Cumberland county: In Equity: Of July Term 1886. This was an appeal by David E. Adams, administrator of James D. Willoughby, deceased, from a decree of said Court dismissing his bill in equity, wherein Frank Gardner and George S. Beetem, surviving partners of the late firm of F. Gardner & Co., were defendants.

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Appeal from the Court of Common Pleas of Cumberland county: In Equity: Of July Term 1886. This was an appeal by David E. Adams, administrator of James D. Willoughby, deceased, from a decree of said Court dismissing his bill in equity, wherein Frank Gardner and George S. Beetem, surviving partners of the late firm of F. Gardner & Co., were defendants. The bill was filed on the 30th of December, 1882. It set forth substantially that James D. Willoughby, prior to 26th of January, 1858, was the original inventor of new and useful improvements in the construction of seed planters; that letters…

1Opinion of the CourtJustice Sterrett

Tbe main question, presented by tbe second and third specifications, is whether the learned judge erred in dismissing appellant’s bill for want of jurisdiction. This question should be determined not by what may have been shown by the answer or testimony, adduced in support thereof, but by what appears on the face of the bill.itself. If the averments therein contained, assuming them to be true, present a case of which equity has either concurrent or exclusive jurisdiction, the bill should not have been dismissed, especially in view of the fact that the appellees did not object, in limine, by…

2Cited by22 opinions

  1. Miller v. Belmont Packing & Rubber Co.Supreme Court of Pennsylvania · 1920
  2. Williams v. Finlaw, Mueller & Co.Supreme Court of Pennsylvania · 1927
  3. Wright v. BarberSupreme Court of Pennsylvania · 1921
  4. Lafean v. American Caramel Co.Supreme Court of Pennsylvania · 1921
  5. Shillito v. ShillitoSupreme Court of Pennsylvania · 1894

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