Lockwood v. Ambridge Borough

Supreme Court of Pennsylvania January 2, 1912

Lockwood v. Ambridge Borough, 233 Pa. 521 (Pa. 1912)

82 A. 777; 1912 Pa. LEXIS 861

Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart

Opinion of the Court

Per Curiam,

This is an appeal from a decree dissolving a preliminary injunction restraining a borough from issuing bonds for the construction of waterworks. The established practice in such appeals is to determine only whether on the facts developed an injunction should have been granted or refused and to withhold any expression of opinion on the merits until after final hearing and decree.

The decree is affirmed at the cost of the appellant.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Practice — Equity—Preliminary injunctions — Appeals. 1. On an appeal from a decree dissolving a preliminary injunction the established practice is to determine only whether on the facts developed an injunction should have been granted or refused and to withhold any expression of opinion on the merits until after final hearing and decree. 2. A preliminary injunction to restrain a borough from issuing bonds to build a water plant will be dissolved, where it appears that the borough had a right by law to build a water plant, and the only objection alleged by the plaintiffs was the fact that a part of the territory within the limits of the borough was included in a plan of lots by which the owners had reserved to themselves the right to construct water pipes in the highways in the plan for a supply of water.