Ricketts v. Capwell

Supreme Court of Pennsylvania
Ricketts v. Capwell, 241 Pa. 138 (Pa. 1913)
88 A. 319; 1913 Pa. LEXIS 746
Brown, Elkin, Mestrezat, Moschzisker, Potter

Ricketts v. Capwell

Opinion of the Court

Per Curiam,

In the opinion of the court below, sustaining the demurrer to the appellant’s bill, his proceeding is not inaptly termed “unique, if not anomalous.” His complaint is that the action of the court in dismissing his original bill was “manifestly erroneous,” though affirmed by this court; and his prayer is that the court below correct our error, as well as its own, by reversing the decree made three years ago: Ricketts v. Capwell, 228 Pa. 268. Even if the demurrer is fairly open to criticism as a “speaking” one, there is sufficient in it to *139constitute it a good one, calling for tlie dismissal of the bill. On its face the complainant shows no right to what he prays for.

Appeal dismissed at appellant’s costs.

Reference

Status
Published
Syllabus
Equity — Demurrer—Prior opinion of Supreme Court. A demurrer to a bill in equity is properly sustained where the complaint of the bill is that the action of the court in dismissing’ complainant’s original bill was manifestly erroneous though such action had been affirmed by the Supreme Court.