Kittanning Brewing Co. v. American Natural Gas Co.

Citations

• 224 Pa. 129
• 73 A. 174
• 1909 Pa. LEXIS 740

Syllabus

<p>Equity — Equity practice — Injunction—Preliminary injunction — Continuing injunction without hearing defendant.</p> <p>1. It is reversible error to continue a preliminary injunction without hearing defendant's witnesses, if the defendant asks to be heard.- There is nothing in equity rule 81 which will justify such practice.</p> <p>2. When a preliminary injunction is awarded without notice it is the right of the enjoined to move at once for its dissolution, instead of being compelled to wait for the complainant’s motion to continue at the expiration of five days. Its continuance for even a day may work irreparable wrong to the defendant, whose right to be heard that it be dissolved is no less than the complainant's who procures it without notice on an ex parte hearing.</p>