Legal Opinion

McCreery v. Sutherland

Court of Appeals of Maryland

Decided July 12, 1865PublishedCited by 4 opinions

Appeal from tbe Circuit Court of Baltimore city : This appeal is talcen from an order of tbe Circuit Court for Baltimore city, granting an injunction to stay tbe taking of a stock of goods of Sutherland, under writs of fieri facias, which had been issued on a judgment recovered by McCreery against Wroth & Fullerton, and on another judgment recovered, by the Union Bank of Maryland, against the same defendants.

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Appeal from tbe Circuit Court of Baltimore city : This appeal is talcen from an order of tbe Circuit Court for Baltimore city, granting an injunction to stay tbe taking of a stock of goods of Sutherland, under writs of fieri facias, which had been issued on a judgment recovered by McCreery against Wroth & Fullerton, and on another judgment recovered, by the Union Bank of Maryland, against the same defendants. The hill states, that at the time of the filing thereof, the complainant was, and for more than a year prior to that time had been, engaged in business in the city of Baltimore, as a…

1Opinion of the Court 1

Bowie, C. J.,

delivered tlie following dissenting opinion:

We cannot affirm the order granting the injunction in this case, without departing from the best established principles and precedents. Mere trespass is not a ground for the interposition of a Court of Equity, even in cases of real estate; much less where the subject matter is personal property, of no peculiar character or value. Story’s Eq., vol. 2, sec. 928. Amelung vs. Seekamp, 9 G. & J., 468. Hamilton vs. Ely, 4 Gill, 37, 38. Shipley vs. Ritter, 7 Md. Rep., 413.

The language of this Court, in Lewis, et al., vs. Levy, 16 Md. Rep., 90,…

Also in this document: Opinion of the Court · Bartol.

2Cases cited5 opinions

  1. Amelung v. SeekampCourt of Appeals of Maryland · 1838
  2. Bridges v. McKennaCourt of Appeals of Maryland · 1859
  3. Hyde v. ElleryCourt of Appeals of Maryland · 1862
  4. Beall v. BrownCourt of Appeals of Maryland · 1855
  5. Lewis v. LevyCourt of Appeals of Maryland · 1860

3Cited by4 opinions

  1. Blondell v. Consolidated Gas Co.Court of Appeals of Maryland · 1899
  2. Ladd & Bush v. RamsbyOregon Supreme Court · 1882
  3. Sickels v. CombsNew York Supreme Court · 1894
  4. Funk v. Brooklyn Glass & Manufacturing Co.New York Supreme Court · 1898

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