Dilworth Coal Co. v. Kidney

Citations

• 43 Pa. Super. 625
• 1910 Pa. Super. LEXIS 107

Syllabus

<p>Equity — Equity pleading — Demurrer.</p> <p>1. A demurrer necessarily admits the truth of the facts stated in the bill, so far as they are relevant and well pleaded, but it does not admit the conclusions of law drawn therefrom, although they are also alleged in the bill.</p> <p>2. Where a bill in equity to restrain proceedings at law, avers that such proceedings “are defective, null and void as against plaintiff,” a demurrer to the bill does not admit the truth of such averment.</p> <p>3. A bill in equity to enjoin proceedings at law before a justice of the peace will be dismissed where it appears that the justice had jurisdiction of the parties, the cause of action, and had proceeded in the mode prescribed by law and that the defendant had a full and adequate remedy of which he had not availed himself.</p>