Opinion
May 26, 1948.
July 6, 1948.
Appeals — Review — Preliminary injunction — Grounds for action of court below — Merits of case.
1. On appeal from a decree which refuses, grants or continues a preliminary injunction, the appellate court will look to see only if there were any apparently reasonable grounds for the action of the court below, and the appellate court will not further consider the merits of the case or pass upon the reasons for or against such action, unless it is plain that no such grounds existed or that the rules of law relied on are palpably wrong or clearly inapplicable. [541]
2. Commonwealth v. Katz, 281 Pa. 287, followed. [541]
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 130, March T., 1948, from decree of Common Pleas, Westmoreland Co., in Equity, No. 2253, in case of Philip Murray, International President, United Steel Workers of America, C. I. O. et al., individually and as Administrator of Local Union 302 et al. v. Frank H. Hill et al. Decree affirmed.
Bill in equity. Before LAIRD, P. J.
Adjudication filed finding for plaintiffs. Defendants appealed.
Vincent R. Smith, with him Andrew S. Romito, Morris J. Kaplan and Myron W. Lamproplos, for appellants.
James Gregg, with him Jason Richardson, Portser, Gregg McConnell and Vincent E. Williams, for appellees.
The decree of the court below is affirmed on the authority of Commonwealth v. Katz, 281 Pa. 287, 126 A. 765, where this Court said:
"Our uniform rule is that, on an appeal from a decree which refuses, grants or continues a preliminary injunction, we will look only to see if there were any apparently reasonable grounds for the action of the court below, and we will not further consider the merits of the case or pass upon the reasons for or against such action, unless it is plain that no such grounds existed or that the rules of law relied on are palpably wrong or clearly inapplicable (Paxson's App., 106 Pa. 429, 436-7; Sunbury Boro. v. Sunbury Susquehanna Ry. Co., 241 Pa. 357; see also Holden v. Llewellyn, 262 Pa. 400); here the discretion of the court was rightly exercised and we find no reversible error."
The costs are to be paid by the appellants.