Corbet v. Oil City Fuel Supply Co.

Citations

• 5 Pa. Super. 19
• 1897 Pa. Super. LEXIS 184

Syllabus

<p>Equity practice — Equity rules — Judgment on demurrer.</p> <p>When a demurrer is overruled the defendant shall be assigned to answer the bill within a period to be fixed by the court unless the demurrer shall be construed by the court to have been for vexation and delay and to have been frivolous or unfounded.</p> <p>Equity practice — Demurrer—Leave to answer over — Injunction.</p> <p>The court below overruled a demurrer and granted an injunction against a gas company compelling specific performance as prayed for in the bill. The appellate court while overruling the demurrer gives leave to answer over but permits the preliminary injunction to stand to preserve the status quo, inasmuch as no material injury can arise before final hearing by so doing.</p>