SETLOCK et ux. v. SUTILA


444 Pa. 552 (1971)

Setlock et ux., Appellants, v. Sutila.

Supreme Court of Pennsylvania.

October 12, 1971.


Attorney(s) appearing for the Case

Paul F. Laughlin, with him Laughlin, Gilardi and Cooper, for appellants.

James W. Mack, Jr., for appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 12, 1971:

We are here asked to determine whether equity was the proper form of action for appellants' bill of complaint. We believe an adequate remedy at law exists but hold that the Court of Common Pleas of Indiana County was in error in sustaining preliminary objections without certifying the matter to the law side of the court.

On June 4, 1970, appellants Mike and Flora Setlock filed a bill in equity alleging the...

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