Condron v. Pennsylvania Railroad

Citations

• 233 Pa. 197
• 82 A. 64
• 1911 Pa. LEXIS 482

Syllabus

<p>Appeals — Final decree in equity suit — Assignments of error — Interlocutory decree — Opinion of court — Findings of fact — Conclusions of law — Exceptions.</p> <p>1. No appeal can be taken in an equity suit involving the dismissal of a bill until the final decree dismissing the bill has actually been entered; and when such a decree has been entered, it must be assigned as error.</p> <p>2. Assignments of error to the opinion of the court below are improper. It is the decree of the court which is assignable as error, and not the opinion.</p> <p>3. A decree suggested by the trial judge dissolving a preliminary injunction on condition that the defendant should file a bond, is not a final decree, and a dismissal of exceptions thereto is therefore not assignable for error.</p> <p>4. An assignment of error to the admission of the statement of certain facts will not be considered where there was no exception taken to the findings of facts, and the facts themselves are admitted in the assignment, and the real objection is to the conclusion of law reached by the court.</p> <p>5. A mere general allegation in an assignment of error that the court below erred in its findings of fact, or conclusions of law, without setting forth the specific findings, or exceptions thereto, is improper and will not be considered.</p> <p>Equity — Injunction—Laches.</p> <p>6. A suitor who by laches has made it impossible for a court to enjoin his adversary without inflicting great injury upon him will be left to pursue his ordinary legal remedy. This rule is especially applicable where the object of the injunction is to restrain the completion or use of public works, and where the granting of the injunction would operate injuriously to the public as well as to the party against whom the injunction is sought.</p> <p>7. Where a property owner stands by and sees a railroad company expend |50,000 on the faith of a borough ordinance authorising the vacation of a street crossing, his laches will depr