Murtagh v. Philadelphia

U.S. Circuit Court for the District of Eastern Pennsylvania

Murtagh v. Philadelphia

17 F. Cas. 1065, 1 W.N.C. 37, 1874 U.S. App. LEXIS 1872

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedOctober 19, 1874

StatusPublished

This text of 17 F. Cas. 1065 (Murtagh v. Philadelphia) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murtagh v. Philadelphia, 17 F. Cas. 1065, 1 W.N.C. 37, 1874 U.S. App. LEXIS 1872 (circtedpa 1874).

Pincite

Opinion

THE COURT

refused the preliminary injunction, saying that where a suit in equity was merely for the enforcement of a legal right, and there was any disputable question upon the merits, it was not in general, proper to grant an injunction before final hearing or a judgment at law; and that the reason for not awarding an interlocutory injunction was here the stronger because the case depended wholly upon questions of right under the laws of Pennsylvania, and the law of that state (Act April 8, 1846; Purd. Dig. 599, pi. 55) provided that no court within the county of Philadelphia should enjoin the erection of public works until question of title and damages should be finally decided by a common-law court

Free access — add to your briefcase to read the full text and ask questions with AI

THE COURT

refused the preliminary injunction, saying that where a suit in equity was merely for the enforcement of a legal right, and there was any disputable question upon the merits, it was not in general, proper to grant an injunction before final hearing or a judgment at law; and that the reason for not awarding an interlocutory injunction was here the stronger because the case depended wholly upon questions of right under the laws of Pennsylvania, and the law of that state (Act April 8, 1846; Purd. Dig. 599, pi. 55) provided that no court within the county of Philadelphia should enjoin the erection of public works until question of title and damages should be finally decided by a common-law court

Cite This Page — Counsel Stack

Bluebook (online)

17 F. Cas. 1065, 1 W.N.C. 37, 1874 U.S. App. LEXIS 1872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murtagh-v-philadelphia-circtedpa-1874.