Legal Opinion

Haight v. Burr

Court of Appeals of Maryland

Decided December 3, 1862PublishedCited by 12 opinions

Appeal from the Circuit Court for Baltimore city. This is au appeal from an order of tbe Circuit Court for Baltimore city, appointing a receiver and granting an injunction. Tbe bill was filed on the 15th of February 1862, and the order passed the same day, without notice to the defendants. The answers of the defendants, under oath, were filed on the llth of the same month. The material averments of the bill are concisely stated in the opinion of this Court.

1Opinion of the CourtBartol, J.

This is an appeal from an order of the Circuit Court for Baltimore city, granting an injunction and appointing a receiver. By the 21st sec. of the 5th Art. of the Code of Gen. Laws, the right of appeal from such an order is given, “the answer of the party appealing being first filed in the cause." In. this respect the provisions of the Code are identical with *133those of tho Act of 1835, cli. 380; and must be construed in tho same way. According to the uniform course of decisions under the Act of 1835, it has been held, that although tho necessity of filing an answer is imposed upon the…

2Cases cited9 opinions

  1. Blondheim v. MooreCourt of Appeals of Maryland · 1857
  2. State v. Northern Central Railway Co.Court of Appeals of Maryland · 1862
  3. Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
  4. Wagner v. CohenCourt of Appeals of Maryland · 1847
  5. Nusbaum v. SteinCourt of Appeals of Maryland · 1858

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3Cited by12 opinions

  1. Gregg v. Public Service CommissionCourt of Appeals of Maryland · 1913
  2. First Continental Savings & Loan Ass'n v. Director, State Department of Assessments & TaxationCourt of Appeals of Maryland · 1962
  3. Chesapeake Brewing Co. v. Mt. Vernon Brewing Co.Court of Appeals of Maryland · 1908
  4. Baltimore Skate Manufacturing Co. v. RandallCourt of Appeals of Maryland · 1910
  5. Hagerstown Furniture Co. v. BakerCourt of Appeals of Maryland · 1928

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