McNeely & Price Co. v. Grabowski

Supreme Court of Pennsylvania

McNeely & Price Co. v. Grabowski

3 A.2d 325, 333 Pa. 78, 1939 Pa. LEXIS 688

CourtSupreme Court of Pennsylvania

DecidedDecember 1, 1938

DocketAppeal, 211

StatusPublished

This text of 3 A.2d 325 (McNeely & Price Co. v. Grabowski) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McNeely & Price Co. v. Grabowski, 3 A.2d 325, 333 Pa. 78, 1939 Pa. LEXIS 688 (Pa. 1938).

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Opinion

Per Curiam,

The assignments of error are predicated solely upon alleged violations of the Labor Anti-Injunction Act (of June 2, 1937, P. L. 1198) by the court below. It is unnecessary to pass upon any of these questions because Section 16 of the Act provides: “Every permanent injunction issued in a case involving or growing out of a labor dispute shall expire at the end of one hundred eighty (180) days after the date on which the judgment is signed.” The injunction decree in the present case was entered by the court below on January 7, 1938. More than 180 days had passed before the hearing in the *80 case on appeal. Therefore, if the proceeding is governed by the Act, as appellants contend, the only questions raised have become moot by the expiration of the' injunction: Winston et al. v. Ladner et al., 264 Pa. 548. And see Glen Alden Coal Co. v. Anthracite Miners et al., 319 Pa. 192; Brecht v. Board of Public Education, 330 Pa. 331; Moskowitz’s Appeal, 324 Pa. 144; Com. ex rel. v. Mamatey, 257 Pa. 327; Faust v. Cairns, 242 Pa. 15.

Appeal dismissed at appellants’ cost.

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Per Curiam,

The assignments of error are predicated solely upon alleged violations of the Labor Anti-Injunction Act (of June 2, 1937, P. L. 1198) by the court below. It is unnecessary to pass upon any of these questions because Section 16 of the Act provides: “Every permanent injunction issued in a case involving or growing out of a labor dispute shall expire at the end of one hundred eighty (180) days after the date on which the judgment is signed.” The injunction decree in the present case was entered by the court below on January 7, 1938. More than 180 days had passed before the hearing in the *80 case on appeal. Therefore, if the proceeding is governed by the Act, as appellants contend, the only questions raised have become moot by the expiration of the' injunction: Winston et al. v. Ladner et al., 264 Pa. 548. And see Glen Alden Coal Co. v. Anthracite Miners et al., 319 Pa. 192; Brecht v. Board of Public Education, 330 Pa. 331; Moskowitz’s Appeal, 324 Pa. 144; Com. ex rel. v. Mamatey, 257 Pa. 327; Faust v. Cairns, 242 Pa. 15.

Appeal dismissed at appellants’ cost.

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Bluebook (online)

3 A.2d 325, 333 Pa. 78, 1939 Pa. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneely-price-co-v-grabowski-pa-1938.

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