The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 10

The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...sustained must be ascertained, not in a court of equity, but in a court of common law jurisdiction, is answered by the principle laid down in Allison and Evans's Appeal, 77 Pa. 227: "It is well settled as a general principle that where a court of equity has obtained jurisdiction for one purpose, it may retain it generally for relief. This seems to be the rule, not only when the jurisdiction attaches for discovery in case of fraud, accident, mistake and account, but when it attaches for injunction in cases of continuing trespass and waste. In such cases, the course is to sustain a bill for the purpose of injunction, connecting it with the account, and not compel the plaintiff to go into a court of law for damages: Thomas 1-. Oakley, IS Vesey, 184. To prevent multiplicity of suits, the court will decree an account of the damages or waste ' Rieker et al. v. The Harrisburg Consumers' Brewing Co. done at the same time with the injunction, and proceed to make a complete decree, so as to settle the entire controversy between the parties." The defendant erect/ed a valuable building upon its property, costing well nigh onto $100,000, and filled up the ground, whereby the surface water from the rain flowed over upon the complainants' land, and with the water it caused or permitted to flow from the wash-house through the division wall, and upon their land, produced, in the main, the loss and damage shown to have existed prior to the decree heretofore made. Whatever the law may be as to the flow and discharge of waters naturally rising and flowing from farming land upon that of another owner lying contiguous, it has been held that in towns and cities "it is of the utmost importance that the water upon each lot, ...show more

Product details

  • Paperback | 536 pages
  • 189 x 246 x 27mm | 948g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236790952
  • 9781236790958