Frostburg Building Ass'n v. Stark
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County, in Equity. George Stark and others, shareholders in the Erostburg Building Association of Allegany County, filed in the Circuit Court of the said county their bill of complaint against the said building association, alleging that the directors had grossly and fraudulently mismanaged the affairs of the association and had wilfully and corruptly disregarded its charter and by-laws; that they had permitted the secretary and…
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Appeal from the Circuit Court for Allegany County, in Equity. George Stark and others, shareholders in the Erostburg Building Association of Allegany County, filed in the Circuit Court of the said county their bill of complaint against the said building association, alleging that the directors had grossly and fraudulently mismanaged the affairs of the association and had wilfully and corruptly disregarded its charter and by-laws; that they had permitted the secretary and treasurer to embezzle large sums of money, and had also allowed one of the directors to take from the funds, belonging to…
1Opinion of the CourtRobinson, J.
Although the general principles which govern Courts of equity, in granting injunctions and in the appointment of receivers may be considered well settled, yet it is not easy to lay down a positive or unvarying rule applicable to all cases. After all, it is a matter resting somewhat in the discretion of the Court, to be determined upon all the facts and circumstances surrounding the case. In the exercise however, of a jurisdiction so summary in its character, and which deprives one of his property without a hearing upon a mere ex parte application, Courts cannot be too cautious, otherwise an…
2Cases cited3 opinions
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Triebert v. BurgessCourt of Appeals of Maryland · 1857
- Nusbaum v. SteinCourt of Appeals of Maryland · 1858
3Cited by5 opinions
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- Dabney Oil Co. v. Providence Oil Co.California Court of Appeal · 1913
- Baltimore Skate Manufacturing Co. v. RandallCourt of Appeals of Maryland · 1910
- Continental National Building & Loan Ass'n v. MillerSupreme Court of Florida · 1902
- State Ex Rel. Bettman v. Court of Common PleasOhio Supreme Court · 1931