Holden v. Llewellyn

Citations

• 262 Pa. 400
• 105 A. 639
• 1918 Pa. LEXIS 660

Syllabus

<p>Equity — Equity practice — Preliminary injunction — Motion to continue injunction — Interlocutory order — Motion to certify case to law side — Practice, Supreme Gowrt— Appeals — Act of June 7, 1907, P. L. khO.</p> <p>1. On appeal from an order awarding a preliminary injunction, the Supreme Court will consider the merits of the case only for the purpose of determining whether, on the facts presented to the court below, there was reasonable ground for its action, and, unless the record presents palpable error, tbe decree will be affirmed.</p> <p>2. An order of tbe lower court continuing a preliminary injunction until final bearing is interlocutory and not tbe subject of an appeal.</p> <p>3. It is not reversible error to award a preliminary injunction restraining the defendant from entering upon plaintiff’s premises and removing culm to which plaintiff claimed title, especially where it appears defendant threatened to continue such acts and to forcibly eject plaintiff, and that defendant was financially unable to respond in damages.</p> <p>4. An order of a court of equity refusing to certify a case to the law side of the court, pursuant to the Act of June 7, 1907, P. L. 440, is not the subject of an appeal on the part of the defendant before a decision upon the merits, although the statute expressly gives the plaintiff a right to appeal from an order certifying the ease to the law side of the court before a decision upon the merits.</p>