Deal v. Erie Coal & Coke Co.
Supreme Court of Pennsylvania
Deal v. Erie Coal & Coke Co., 246 Pa. 552 (Pa. 1914)
92 A. 701; 1914 Pa. LEXIS 553
Brown, Elkin, Fell, Mestrezat, Potter, Stewart
Deal v. Erie Coal & Coke Co.
Opinion of the Court
This appeal is from a decree granting a preliminary-injunction to restrain the defendants until final hearing from holding a stockholders’ meeting for the election of officers of a corporation. The court had jurisdiction to make the decree complained of, Tunis v. Railroad, 149 Pa. 70; Jenkins v. Baxter, 160 Pa. 199, and we are not convinced that its discretion was, under the facts, improperly exercised. Upon an appeal from a decree granting or refusing a preliminary injunction'we look only to see if there were apparently reasonable grounds for the action of the court. If an appeal is taken from the final decree all questions involved will be open for consideration.
The appeal is dismissed.
Reference
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- Deal v. Erie Coal & Coke Company
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- 9 cases
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- Syllabus
- Corporations — Corporate elections — Equity—Equity jurisdiction —Preliminary injunction — Appeals. 1. A court of equity has jurisdiction to entertain a suit in equity to restrain the holding of a corporate election except under the supervision of the court, where the bill alleges that the defendants have by fraudulent means prevented the holding of a fair and just election, and that if tbe stockholders’ meeting is not controlled by the court, disorder, violence and possible bloodshed will occur. 2. Upon appeal from a decree granting or refusing a preliminary injunction, the Supreme Court will look only to see if there were apparently reasonable grounds for the action of the court below.