Cooke v. Central District & Printing Telegraph Co.

Citations

• 21 Pa. Super. 43
• 1902 Pa. Super. LEXIS 304

Syllabus

<p>Equity — Equity practice — Equity rules Printing bill.</p> <p>A bill in equity should be dismissed which offends against the equity rules in the following particulars: (1) That the bill was not printed as required by Rule 14 and was not accompanied by a certificate that there had not been time to print the same; (2) that there was not indorsed on the bill the notice to appear required by rule 4; (3) that the bill did not set forth that it was filed or intended to be filed in a court of common pleas sitting in equity; (4) that the plaintiff did not call his application a bill, but a petition.</p> <p>Equity — Equity practice — Pleading—Telephone company.</p> <p>A bill in equity against a telephone company is fatally defective in substance where it merely alleges that the defendant was about to erect a telephone pole on the property of the plaintiff, and that the erection of such pole would be a great and irreparable damage to said property, without any averment that the defendant was without authority to erect the pole, or that such erection would be unlawful, or that there were peculiar circumstances which rendered the remedy at law inadequate.</p>