Mackintyre v. Jones

Citations

• 9 Pa. Super. 543
• 1899 Pa. Super. LEXIS 71

Syllabus

<p>Equity — Appeals—Findings of fact by the trial judge.</p> <p>The findings of the court under the new equity rules, especially if the credibility of witnesses be a factor, will not be set aside on appeal unless (here be manifest error.</p> <p>Equity — Injunction—Discretion in weighing equities.</p> <p>An injunction is not of right even to enforce a strictly legal right; it will not be issued when, upon a broad consideration of the situation of all the parties in interest, good conscience does not require it. The question in each case must depend upon the circumstances out of which it grows and requires the exercise of judgment in determining the equities involved.'</p> <p>A mandatory injunction will not be issued when there has been delay on the part of the plaintiff in invoking the aid of equity until after defendant has expended a considerable sum of money; when the infringement of plaintiff’s legal right can be easily compensated by damages; where the comparative inconvenience and loss to defendant from granting the injunction would greatly outweigh the loss and inconvenience to plaintiff if the injunction be denied; and where injury would result from the injunction, if issued, to property of a third party.</p>