Casinghead Gas Co. v. Osborn
Citations
- 269 Pa. 395
- 112 A. 469
- 1921 Pa. LEXIS 574
Syllabus
<p>Appeals — Equity—Preliminary injunction — Dissolution of injunction — Error of law — Practice, equity — Oil and gas lease — Forfeiture — Failure to pay rent — Protection of lessor.</p> <p>1. On appeal from decree dissolving preliminary injunction, the established practice is to determine whether, on the facts as disclosed by the record, an injunction should have been granted, and to withhold any expression of opinion on the merits until after the final hearing and decree.</p> <p>2. Where on such appeal it appears, from the facts as presented by the record, that the court below based its action on a funda-, mental error of law, the propriety of the decision is squarely raised, and may be disposed of without infringement of the governing rule.</p> <p>3. Where the court below dissolves a preliminary injunction in violation of the rule that a provision in an oil and gas lease rendering the lease void for failure to pay rent as stipulated, is for the protection of the lessor, the appellate court will reverse the decree, and direct that the injunction be reinstated.</p>
Judges: Kephart, Moschzisker, Sadler, Schaefer, Walling
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania· 1924-05-19· cited 41×
- Maxler v. Freeport BankSupreme Court of Pennsylvania· 1923-01-03· cited 18×
- Craig v. CosgroveSupreme Court of Pennsylvania· 1923-05-23· cited 14×
- National Automobile Service Inc. v. BarfodSupreme Court of Pennsylvania· 1927-01-03· cited 11×
- West Penn Township School District v. International Brotherhood of Electrical WorkersSupreme Court of Pennsylvania· 1958-10-24· cited 10×
- Humphreys v. CainCommonwealth Court of Pennsylvania· 1984-06-12· cited 9×
- Snyder v. ManjonSchuylkill County Court of Common Pleas· 1925-02-16
- Shenkin v. SchermerhornPhiladelphia County Municipal Court· 1933-04-06
Cites
11 cases in this archive are cited by this case.
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania· 1891-01-05· cited 65×
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania· 1889-11-12· cited 63×
- Gemmell v. FoxSupreme Court of Pennsylvania· 1913-05-19· cited 21×
- Holden v. LlewellynSupreme Court of Pennsylvania· 1918-10-23· cited 18×
- Oberly v. H. C. Frick Coke Co.Supreme Court of Pennsylvania· 1918-07-17· cited 17×
- Winston v. LadnerSupreme Court of Pennsylvania· 1919-05-05· cited 16×
- Paxson's AppealSupreme Court of Pennsylvania· 1884-05-19· cited 14×
- McKean Natural Gas Co. v. WolcottSupreme Court of Pennsylvania· 1916-07-01· cited 14×
- Bixler v. SwartzSupreme Court of Pennsylvania· 1917-03-19· cited 7×
- Keys v. Uniontown Radial Street Railway Co.Supreme Court of Pennsylvania· 1912-05-22· cited 5×
- Lockwood v. Ambridge BoroughSupreme Court of Pennsylvania· 1912-01-02· cited 3×
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