Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

Cohen et al., Appellants, v. A. M. Byers Company et al.

Appeals — Review — Equity — Preliminary injunction.

On an appeal from a decree which refuses, grants or continues a preliminary injunction, the appellate court will look only to see if there were any apparently reasonable grounds for the action of the court below, and it will not further consider the merits of the case or pass upon the reasons for or against such action, unless it is plain that no such grounds existed or that the rules of law relied on are palpably wrong or clearly inapplicable.

OPINION PER CURIAM, January 23, 1950:

This is an appeal from the decree refusing a motion for a preliminary injunction. This Court said in Murray v. Hill, 359 Pa. 540, 541, 59 A.2d 877, that: " 'Our uniform rule is that, on an appeal from a decree which refuses, grants or continues a preliminary injunction, we will look only to see if there were any apparently reasonable grounds for the action of the court below, and we will not further consider the merits of the case or pass upon the reasons for or against such action, unless it is plain that no such grounds existed or that the rules of law relied on are palpably wrong or clearly inapplicable.' " (Citing cases.)

In this case there are apparently reasonable grounds for the action of the court below and for this reason the decree is affirmed.

Costs to be paid by the appellants.

Use AI to get other relevant cases.

Comments

COHEN ET AL. v. A. M. BYERS CO. ET AL
(Jan 23, 1950)