Borough of Sunbury v. Sunbury & Susquehanna Railway Co.

Citations

• 241 Pa. 357
• 88 A. 543
• 1913 Pa. LEXIS 791

Syllabus

<p>Equity — Equity practice — Preliminary injunction — Appeals— Defects in bill — Amendments—Railroads—Streets.</p> <p>1. On appeal from a decree awarding or refusing a preliminary injunction, the Supreme Court will consider only whether any apparently reasonable grounds for the action of the court below existed, and if it so finds will afiirm the decree without passing upon the merits of the case unless the record discloses palpable error.</p> <p>2. A decree awarding a preliminary injunction will not he reversed merely because of formal defects in the bill as originally filed .when it appears that these defects have been subsequently cured by amendment.</p> <p>3. Where the court below restrained a railway company by preliminary injunction from laying rails in the streets of a borough without a permit from the borough authorities, the Supreme Court declined to reverse the decree since it did not appear that there were not reasonable grounds for granting the injunction.</p> <p>Practice, Supreme Court — Assignments of error — Buies of court.</p> <p>4. An assignment of error attacking the sufficiency of an injunction bond will not be considered by the Supreme Court when such assignment violates the rules of court in attempting to raise more than one question, and in omitting to incorporate the bond in the assignment.</p>