Smith v. Blanchard

Decided February 20, 1922

Supreme Court of Pennsylvania · decided 1922-02-20

Appeal, No. 34, Oct. T., 1922, by plaintiffs, from decree of C. P. Westmoreland Co., No. 1088, Equity Docket, dissolving preliminary injunction, in case of Clement V. Smith et al., and Merchants Trust Co. of Greensburg, Guardian of Mary Inez Keefer, v. William G. Blanchard and Blanchard Coal Co. Motion to dissolve preliminary injunction. Before Copeland, J. The opinion of the Supreme Court states the case. Injunction dissolved. Plaintiff appealed. Error assigned was decree, quoting record.

Affirmed · Decided 1922-02-20

Per Curiam,

¶1This is an equity proceeding wherein a preliminary injunction was granted, which was subsequently dissolved on condition that defendants pay into court an amount the chancellor deemed sufficient to indemnify plaintiffs in event of the final decree being in their favor; plaintiffs have appealed from this decree.

¶2It is sufficient for present purposes to say, without deciding whether or not the ruling complained of is an appealable order, we are not convinced of an abuse of discretion.

¶3Appeal dismissed at cost of appellants.