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79 Pa. Super. 132

Swainbank v. Yoder

Superior Court of Pennsylvania

Decided July 13, 1922

Superior Court of Pennsylvania · decided 1922-07-13

Cited by 1 later decisions — most recently May 1985

1 state decisions

Relies on Wright v. Barber · Davis v. Porch Bros.

Good law ✅— No negative treatment on recordhow we know

Decided 1922-07-13

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¶1Opinion by

Porter, J.,

¶2This appeal is from the dissolution of a preliminary induction and from the dismissal at the same time by the court, of its own motion, of plaintiff’s bill before answer had been filed. The appellant complains of the dismissal of the bill. The dismissal of the bill, not even asked for by counsel for defendant, before answer or demurrer had been filed, was wholly irregular, and the action of the court must be reversed: Davis et al. v. Porch Bros., Inc., 268 Pa. 376; Wright et al. v. Barber, 270 Pa. 186.

¶3The decree dismissing the bill is reversed and the bill reinstated with a procedendo, the costs below and on this appeal to be disposed of on final decree.

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