Wallace v. New Castle Etc. R.

Citations

• 138 Pa. 168
• 22 A. 95
• 1890 Pa. LEXIS 1254

Syllabus

<p>1. After the bond of a railroad company to secure to a landowner compensation for land taken, etc., has been approved and ordered to be filed, under the provisions of § 2, act of April 9, 1856, P. L. 288, the landowner cannot sustain a bill in equity to restrain the completion of the railroad, on the ground that both the company and its sureties in the bond have become insolvent.</p> <p>2. An order discharging a rule to show cause why such bond should not be striken from the record, upon the ground of the then existing insolvency of the obligors, although made without prejudice, is conclusive against the right of the petitioner afterward to maintain a bill in equity to restrain the completion of the railroad, upon the same grounds of relief: Per MoMichael, P. J.</p>