Pennsylvania State Reports (Volume 121) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Statement of Facts. D. K. LARGE ET AL. v. EDW. J. STEER, ET AL. ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. Argued January 27, 1888?Decided October 1, 1888. 1. In a suit upon an injunction bond filed in proceedings to enjoin an action for the recovery of real estate before a magistrate, it is no defence that the defendants in the bill proceeded pending the injunction in actions of ejectment and for inesne profits in the Court of Common Pleas. 2. A decree made upon an agreement of the parties to a bill for an injunction, that the bill be dismissed without prejudice to the right of either party to proceed at law or otherwise is not such a final determination of the cause as will fix the liability of the sureties on the bond. Before Gordon, C. J., Paxson, Sterrett, Green, Clark and Williams, JJ.; Trunkey, J., absent. ' No. 9 January Term 1888, Sup. Ct.; court below, No. 447 September Term 1875, C. P. No. 4. On October 9, 1875, David K. Large, guardian of Annie Warren, a minor child of William J. Warren, filed a bill in equity to the number and term of the court below, above stated, against Henry Davis, Mary Ann Davis and Edward J. Steer, charging that defendants were about to obtain possession of property of the said minor, in the occupancy of tenants, by proceedings before a magistrate under circumstances alleged to constitute an unlawful conspiracy and an attempt to defraud. On the same day the complainant filed an injunction bond, with James Kelm and James P. Wallace, as his sureties, in the sum of $1,000, and an injunction was awarded and duly served upon the defendants in the bill. An answer and a cross-bill were filed, testimony taken and the report of a master made, when on June 9, 1886, it was ordered: " By agreement of counsel, the b...