Cassidy v. Knapp
Cassidy v. Knapp
Opinion of the Court
Opinion by
The assignments of error relating to the failure of the plaintiff to comply with the Amended Equity Rules adopted January 15,1894, must be sustained. These rules were formulated and adopted to regulate the practice of equity in the several courts of common pleas in the commonwealth, and went into effect on the first Monday of March, 1894. They were established under the direction and by the authority of an act of the legislature, and have all the force and effect of a positive enactment. All proceedings in equity which are not in conformity with them are irregular and void.
The preliminary injunction in this case was based upon a bill
The order of the court of common pleas of September 14,. 1894, granting a preliminary injunction, is reversed and set aside at the cost of the appellee.
Reference
- Full Case Name
- Charles Cassidy v. Charles S. Knapp, Administrator d. b. n., c. t. a., of Christian Donat
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- Equity. Equity proceedings, begun since the first Monday in March, 1894, which are not in accordance with the rules adopted by the Supreme Court on Jan. 15, 1894, are irregular and void. A bill was filed indorsed with a notice to appear in accordance with the old practice and not in accordance with the new rules; upon this bill a preliminary injunction was granted. Held, that the bill not being in compliance with the new rules all proceedings consequent thereupon were void.