Kramer v. Slattery

Citations

• 260 Pa. 234
• 103 A. 610
• 1918 Pa. LEXIS 499

Syllabus

<p>Equity — Continuing trespass — Beal estate — Pleading—Averment of title — Multiplicity of suits — Irreparable injuries — Insufficient averments — Equity jurisdiction — Acts of June 16, 18S6, P. L. 781/, Sec. 13, and February 11, 1857, P. L. 89 — Adequate remedy at law —Demurrer—Certification to law side — Act of June 7, 1907, P. L. U0.</p> <p>1. Equity has no jurisdiction to restrain the commission of a mere, ordinary or naked trespass but may enjoin a continued or continuing trespass.</p> <p>2. The Act of June 16, 1836, P.L. 184, Sec. 13, (in connection with the Act of February 14, 1851, P. L. 39), empowering the courts to prevent or restrain the commission or continuance of acts contrary to law and prejudicial to the interests of the community or the rights of individuals, confers sufficient equity jurisdiction to restrain a continuing trespass, but the extensive powers ordained by such acts are limited in their application to cases in which there is no specific or adequate legal remedy.</p> <p>3. A cumulative wrong or trespass entitling the party injured to equitable relief may be defined as a series of constantly recurring unlawful intrusion upon the land of another, which, although not exactly unceasing, can be fairly said to be continuous or permanent in nature.</p> <p>4. A bill in equity for an injunction for the protection of real estate should set forth complainant’s title with some degree of partieularity, so that, if the defendant desires to demur thereto or question it by way of answer, he may intelligently do so.</p> <p>5. Where it is determined upon demurrer that a suit should have been brought at law, it is the duty of the tribunal so deciding to certify the cause to the law side of the court, under the Act of June 7, 1907, P. L. 440.</p> <p>6. An injunction will be granted to restrain the commission of trespass upon real estate only where the facts relied upon plainly indicate a state of affairs which in all probability “would give rise to intermi