Baur v. Wilkes-Barre Light Co.

Citations

• 259 Pa. 117
• 102 A. 430
• 1917 Pa. LEXIS 528

Syllabus

<p>Equity practice — Bill in equity — Injunction—Bond—Affidavit— Receivers — Protection of property — Act of May 6, 1844, P- L. 564, Section 1 — Acts of March 21, 1806, S. M. L. 826, and, June 16,1886, P. L. 784 — Equity Rules 81 and 82 — Jurisdiction of court.</p> <p>1. A court of equity is without jurisdiction to award an injunction where no bond has been filed as required by the Act of May 6, 1844, P. L. 564, Section 1, and made mandatory by the Act of March 21, 1806, S. M. L. 826.</p> <p>2. Equity rules, promulgated by the Supreme Court in pursuance of the Act of June 16, 1836, P. L. 784, have the force of statutory enactments and must be strictly complied with.</p> <p>3. The Act of 1844 and Equity Rules 81 and 82 requiring' a bond and injunction affidavits apply where a receiver invokes, the aid.of equity to protect property in his possession from interference or invasion. The act .is mandatory and applies to all cases.</p> <p>4. A light company was declared insolvent and a receiver appointed by the Court of Common Pleas. Thereafter creditors filed a petition in bankruptcy, receivers in bankruptcy were appointed and the property turned over to them. Subsequently the petition in bankruptcy was dismissed and the receivers in bankruptcy filed their account, but were not discharged. The receiver previously appointed by the Common Pleas Court took possession of the property and filed a bill in equity for an injunction to restrain the receivers in bankruptcy from interfering with his man-, agement of the property; but failed to file a bond or injunction affidavits. The lower court granted a preliminary injunction which it subsequently refused to dissolve. Held, that the court was without jurisdiction to enter-such decree and the injunction was dissolved.</p>