Alcorn v. Ward Co.
Supreme Court of Pennsylvania
Appeal, No. 74, Jan. T., 1918, by defendant, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1916, No. 3892, refusing an injunction in •case of SamueJ S. Alcorn v. D. L. Ward Company. Bill in equity for an accounting. Motion by defendant for an order to restrain plaintiff from proceeding at law. Before Patterson, J. The opinion of the Supreme Court states the facts. The court refused the motion. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
On February 1, 1917, Samuel S. Alcorn, the appellee, filed a bill in equity in the court below for an accounting by the defendant on a contract of employment. A demurrer to the bill was overruled and an answer filed. When the case was called for hearing on September 28th of the same year, the plaintiff withdrew his bill and subsequently paid the costs. In the following November he brought an action at law on the same contract, and on January 30, 1918 — some four months after the bill had been withdrawn — the appellant filed a petition in the equity…
2Cases cited2 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Saylor's AppealSupreme Court of Pennsylvania · 1861
3Cited by4 opinions
- Beaver v. SlaneSupreme Court of Pennsylvania · 1921
- American Engineering Co. v. Ross, Pennsylvania Court of Common Pleas, Philadelphia County1932
- Koppelman v. JaySuperior Court of Pennsylvania · 1946
- Sottile v. Commonwealth, Pennsylvania Court of Common Pleas, Cambria County1963