Legal Opinion

Davis v. Reed

Court of Appeals of Maryland

Decided July 15, 1859PublishedCited by 15 opinions

Appeal from the equity side of the Circuit Court for Caroline County. This appeal is taken from an order granting an injunction Upon a bill filed by the appellee against the appellants.

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Appeal from the equity side of the Circuit Court for Caroline County. This appeal is taken from an order granting an injunction Upon a bill filed by the appellee against the appellants. The bill alleges that Isaac Wright, who died in 1850, by his will, devised to his daughter, the complainant, a tract of land called the “Old Nichols Farm/* whereon she now resides; that this land is part of that originally owned by Isaac Nichols, and was conveyed by lames Brown, as insolvent trustee of Daniel Caulk, to Wright, in 1827; that the complainant has been in the quiet and peaceable possession of the…

1Opinion of the CourtTuck, J.

If .the word ^almost,” in connection with the charge of irreparable damage, had not been used, we suppose that all objection to the frame of the bill would have been waived. Equity does not require a set form of words in cases of this kind, It has not been decided in this State, that a bill otherwise good, would be defective, if the charge of irreparable mischief were omitted. As the court must be satisfied, from a statement of the grievances complained of, that the injury, if not restrained, would be irreparable, it would seem, that the complainant’s own opinion of their consequences can…

2Cited by15 opinions

  1. Moore v. McAllisterCourt of Appeals of Maryland · 1958
  2. Powell v. CheshireSupreme Court of Georgia · 1883
  3. Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
  4. Oberheim v. ReesideCourt of Appeals of Maryland · 1911
  5. Staples v. RossiIdaho Supreme Court · 1901

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