Stephens v. Forsyth

Decided September 13, 1850

Supreme Court of Pennsylvania · decided 1850-09-13

The bill of E. W. Stephens had been presented to the District Court sitting in chancery, against Forsyth, sheriff of Allegheny county, and William Nelson and others, heirs of Cornelia Stephens, daughter of Cornelia Stephens, which latter had been the wife of A. C. Stephens, and daughter of E. Gr. Nelson. The plaintiff complained, in this case, that in 1830, E. Gr.

Cited by 2 later decisions — most recently June 1961

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1850-09-13

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— Per curiam.

¶1— A decree in equity produces its effect by controlling the course of the person, not by controlling a court of law, or any part of its machinery. A party may proceed at law, in the face of an injunction, and the court of law will adjudicate, if he will brave the consequences of the contempt. A court of chancery affects no superiority over any court of law whatever, or its officers; and pretends not to review their proceedings : so that the court, from which process has issued, is the only one to which the sheriff is answerable for the execution of it.

¶2Decree affirmed.