Legal Opinion

Chappell v. Cox

Court of Appeals of Maryland

Decided July 9, 1862PublishedCited by 7 opinions

Appeal from (he Circuit Court for Baltimore City. Appeal from an order passed on motion to dissolve, continuing an injunction till iitsaL hearing.

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Appeal from (he Circuit Court for Baltimore City. Appeal from an order passed on motion to dissolve, continuing an injunction till iitsaL hearing. The bill, filed November 15th, 1859, by the appellee against the appellants, charges, that on the 10th of November 1859, writs of ft. fa. on five magistrate’s judgments, obtained July 7th, 1858, by S. M. and J. G, Chappell, against S. Roberts Kramer and Samuel R. Kramer, co-partners, trading as Kramer & Co., were levied by Dorman, the constable,, on certain goods in a drug store on Pralt Street, which belonged, exclusi\ely to the complainant, under…

1Opinion of the CourtGoldsborough, J.

The appeal in this case is taken from an order of the Circuit court for Baltimore city, continuing an injunction upon the hearing of a motion by the appellants to dissolve the same.

After a review of the record presented to us, we think it is manifest that the Circuit court erred in continuing it. The judgments obtained by the appellant, Chappell, and which are sought to be enforced, were rendered by a justice of the peace, from whose decision, Samuel R. Kramer having a right of appeal, certainly had full and ample relief at law, and failing to avail himself of that remedy, equity could…

2Cases cited3 opinions

  1. Hamilton v. RogersCourt of Appeals of Maryland · 1855
  2. Brumbaugh v. SchneblyCourt of Appeals of Maryland · 1852
  3. Lyday v. DoupleCourt of Appeals of Maryland · 1861

3Cited by7 opinions

  1. Travelers Indemnity Company v. Nationwide Construction CorporationCourt of Appeals of Maryland · 1966
  2. Cumberland & Pennsylvania Railroad v. Pennsylvania RailroadCourt of Appeals of Maryland · 1881
  3. Home Life Insurance v. Caulk Bros.Court of Appeals of Maryland · 1897
  4. Kreuzer v. CooneyCourt of Appeals of Maryland · 1877
  5. State ex rel. Vanderworker v. BrownCourt of Appeals of Maryland · 1880

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