Commonwealth v. Croushore

Citations

• 145 Pa. 157
• 22 A. 807
• 1891 Pa. LEXIS 659

Syllabus

<p>(a) To a bill filed by the commonwealth, ex rel. the attorney general, for an injunction restraining the maintenance of an obstruction upon a public highway, the defendant answered, averring that the erection complained of was not an obstruction, that it had been in existence for eighteen years, and that, upon an indictment for its maintenance as a nuisance, he had been acquitted finally:</p> <p>1. In such case, though the jurisdiction on a bill filed by the commonwealth at the instance of the attorney general was undoubted, yet, in a hearing on bill and answer, the laches of the commonwealth, coupled with the fact of the defendant’s acquittal by the verdict of a jury on the trial at law, was sufficient to justify a chancellor in refusing the injunction prayed for.</p>