Publisher's Synopsis
Excerpt from A Treatise on Equity Practice in Pennsylvania, Vol. 2 of 2
In all proceedings in courts of law or equity of this Commonwealth, in which it is alleged that the private rights of individuals, or the rights of franchises of other corporations are injured or invaded by any corporation claiming to have a right or franchise to do the act from which such injury results, it shall be the duty of the court in which such proceedings are had to examine, inquire and ascertain whether such corporation does in fact possess the right or franchises to do the act from which such alleged injury to private rights or to the rights and franchise of other corporations, results and if such rights or franchises have not been conferred upon such corpora tion, such courts, if exercising equitable power, shall by injunction, at suit of the private parties or other corporations, restrain such injurious acts; and if the proceedings be at law, for damages, it shall be lawful therein to recover damages for such injury as in other cases. Act of June 19, 1871.
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