Coombe Garment Co. v. Morris
Superior Court of Pennsylvania
Appeal, No. 9, Oct. T., 1912, by defendants, from decree of C. P. Schuylkill Co., Nov. T., 1911, No. e, containing preliminary injunction in case of Coombe Garment Company v. Albert Morris et al. Bill in equity for an injunction. The case turned upon the alleged insufficiency of the notice indorsed upon complainant’s bill. The indorsement on the bill was as follows: “In the Court of Common Pleas of Schuylkill County.
Read the full summary
Appeal, No. 9, Oct. T., 1912, by defendants, from decree of C. P. Schuylkill Co., Nov. T., 1911, No. e, containing preliminary injunction in case of Coombe Garment Company v. Albert Morris et al. Bill in equity for an injunction. The case turned upon the alleged insufficiency of the notice indorsed upon complainant’s bill. The indorsement on the bill was as follows: “In the Court of Common Pleas of Schuylkill County. In Equity, The Coombe Garment Co., Plaintiff, vs. Albert Morris, et al., Defendants. “To Albert Morris, Paul Shellakas, William McClay, William Hammer, Edward McClure, Anthony…
1Opinion of the Court
Opinion by
Rice, P. J.,
Upon the filing of this bill in equity and accompanying injunction affidavits, an ex parte injunction was issued in accordance with Equity Rules 81 and 82. On the date— five days later—fixed for hearing the motion for injunction, the defendants, without entering appearance, moved to dismiss the bill upon the ground of insufficiency of the notice indorsed thereon, and, on November 14, this motion was overruled. On the following day the court permitted an amendment of the notice and directed service of the amended bill to be made upon the defendants. This order was…
2Cases cited2 opinions
- Cassidy v. KnappSupreme Court of Pennsylvania · 1895
- Hinnershitz v. United Traction Co.Supreme Court of Pennsylvania · 1903