Davis v. Porch Bros.

Supreme Court of Pennsylvania
Davis v. Porch Bros., 268 Pa. 376 (Pa. 1920)
112 A. 32; 1920 Pa. LEXIS 696
Brown, Kephart, Moschzisker, Simpson, Stewart, Walling

Davis v. Porch Bros.

Opinion of the Court

Per Curiam,

This appeal is from the dissolution of a preliminary injunction and from the dismissal at the same time by the court, of its own motion, of plaintiffs’ bill before answer had been filed. The appeal from the decree as to the first is dismissed, as there were reasonable grounds for the action of the court below: Hoffman v. Howell, 242 Pa. 112; Deal v. Erie Coal & Coke Company, 246 Pa. 552. The dismissal of the bill, not even asked for by counsel for defendant, before an answer had been filed, was wholly irregular, and the action of the court in dismissing it must be reversed.

The decree dismissing the bill is reversed and it is reinstated with a procedendo, the costs below and on this appeal to be disposed of on final decree.

Reference

Full Case Name
Davis v. Porch Bros., Inc.
Cited By
7 cases
Status
Published
Syllabus
Appeal — Equity—Practice — Preliminary injunction — Dissolution — Dismissal of bill not ashed for by defendant. 1. A decree dissolving a preliminary injunction will be sustained on appeal, where it appears that there were reasonable grounds for the action of the court below. 2. The dismissal of a bill in equity, not asked for by defendant, before an answer has been filed, is wholly irregular, and will be reversed on appeal.