Gray v. Veirs
Court of Appeals of Maryland
Appeal from the Circuit Court for Montgomery County. This was an action on an injunction bond, brought by the appellant against the appellees.
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Appeal from the Circuit Court for Montgomery County. This was an action on an injunction bond, brought by the appellant against the appellees. The declaration stated that by an order of the Circuit Court for Montgomery county, in Equity, the injunction issued in a cause therein, wherein Samuel C. Yeirs, was complainant, and John T. Gray, defendant, had been dissolved, and that upon appeal taken by the said Samuel C. Yeirs, the judgment of said Circuit Court was affirmed with costs to the appellee, and the cause remanded for further proceedings. To this declaration, the defendants demurred…
1Opinion of the CourtRobinson, J.
This is a suit upon an injunction bond, and the plaintiff in his declaration avers that the order below dissolving the injunction was affirmed by this Court upon appeal, and the cause remanded to the Circuit Court for Montgomery county for further proceedings.
No case was cited in the argument, nor have we been able to find one, in which a suit has been maintained upon an injunction bond until after the final termination of the cause.
If the injunction was dissolved upon bill and answer, and the cause remanded, the complainant has a right to proceed with his case, because he may overcome the…
2Cited by9 opinions
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- Dougherty v. DoreCalifornia Supreme Court · 1883
- Browne v. Edwards & McCullough Lumber Co.Nebraska Supreme Court · 1895
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
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